IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 11TH DECEMBER 2006 / 20TH AGRAHAYANA 1928 WP(C).No. 7723 of 2006(T) ------------------------- PETITIONER: ------------ P.S.VIJAYAPPAN, AGED 48 YEARS, S/O.SANKUNNI, VARUTHIKKADU HOUSE, MANANCHERRY, ALAPPUZHA. BY ADV. SRI.M.SUNILKUMAR SMT.ROHINI V.MENON RESPONDENTS: ------------- 1. THE SPECIAL DEPUTY TAHSILDAR (R.R), KSFE LIMITED, ALAPPUZHA. 2. THE BRANCH MANAGER, KSFE LTD., CODE 120, VELLAKINAR, ALAPPUZHA. 3. ZIYAD, S/O.SIDDIQUE, HABEEB MANZIL, THANNEERMUKKOM.P.O, CHERTHALA, ALAPPUZHA DISTRICT. 4. REHMATH BEEGUM, HABEED MANZIL, THANNEERMUKKOM.P.O, CHERTHALA, ALAPPUZHA DISTRICT, (NOW WORKING AS TEACHER IN IQRAA ENGLISH MEDIUM SCHOOL MALAPARAMBU, VELLIMADUKUNNU, KOZHIKODE-9. 5. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. R2 BY ADV. SRI.S.D.ASOKAN, SC FOR KSFE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DTD. 6/1/2006. EXT.P2 TRUE COPY OF THE DEMAND NOTICE BY THE IST RESPONDENT DTD. 23/8./2005. EXT.P3 TRUE COPY OF THE REPRESENTATION BEFORE THE IST RESPONDENT DTD. 28/1/2006. P.R.RAMAN, J. -------------------------------- W.P.(C).NO.7723 OF 2006 --------------------------------- Dated this the 11th day of December, 2006 JUDGMENT On 15/3/2006 an interim order was passed by this Court granting stay of recovery from the salary of the petitioner, taking note of the fact that an amount of Rs.40,000/- was already recovered from the petitioner towards the debt in question. The interim order was extended thereafter also. In this case the petitioner was only a surety to the loan transaction between the K.S.F.E. and the 4th respondent. 4th respondent is the wife of 3rd respondent. The 3rd respondent was also a surety to the loan transaction, besides the petitioner. Since the substantial amount was already recovered from the petitioner, this Court thought that the creditor should proceed against the principal debtor and also the -:2:- W.P.(C).NO.7723/2006 other surety (3rd respondent) simultaneously and to recover the possible amount from them. Today, when the matter came up for further consideration, the learned Standing Counsel appearing for the K.S.F.E. submitted that the services of the 3rd respondent were terminated and the terminal benefits due to him were attached. It is open to the K.S.F.E. to realise the amount as is available in the hands of the 3rd respondent as against the debt in question. It is also open to them to proceed against the 4th respondent or her properties, movable or immovable. After taking such steps, if still there is balance amount to be recovered, then only further proceedings shall be initiated against the petitioner. 2. In the circumstances, the revenue recovery proceedings initiated against the petitioner will stand stayed, until a fresh -:3:- W.P.(C).NO.7723/2006 request is made by the K.S.F.E. Writ Petition is closed subject to the above direction. P.R.RAMAN, JUDGE. kcv.