IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 5533 of 2011(N) ------------------------------------- PETITIONER: ------------------- M.SREEKANTAN NAIR,SOUPARNIKA, KOMBADIKKAL,MANGALAKKAL(VIA),KATTAKKADA P.O, TRIVANDRUM- 695 572. BY ADVS. SRI.SANTHAN V.NAIR, SRI.V.V.MITHUN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REP.BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, STATUE,TRIVANDRUM -695 001. 2. SPECIAL DEPUTY TAHASILDAR (RR), KSFE LTD., THIRUVANANTHAPURAM- 695 001. 3. THE MANAGER,KSFE LTD.,KESAVADASAPURAM BRANCH,KESAVADASAPURAM P.O,TRIVANDRUM- 695 001. 4. SREEDHARAN.M,JOINT DIRECTOR (ANIMAL HUSBANDRY),SPECIAL LIVE STOCK BREEDING, HEAD QUARTERS PROGRAMME, PROJECT CELL, THIRUVANANTHAPURAM -695 001. 5. PRADEEP CHANDRAN.D, JUNIOR VETINARY SURGEON,VETINARY HOSPITAL,KANJIRAMKULAM, KANJIRAMKULAM P.O,TRIVANDRUM- 695 524. 6. CHANDRASEKHARAN NAIR, S/O.CHELLAPPAN PILLAI, 6/324,VARAMBIVILAKOM,KUNDAMOOZHI, VILAPPILSALA, PEYAD P.O, TRIVANDRUM- 695 573. R1 & R2 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL, R3 BY SRI.T.NAVEEN, SC, K.S.F.E. LTD., SRI. M.L. SAJEEVAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.5533 of 2011 ------------------------------------------- Dated this the 11th day of April, 2011 J U D G M E N T ---------------------- Challenge in this writ petition is against steps initiated pursuant to Ext.P1 letter, for recovery of amounts from the salary of the petitioner, at the rate of Rs.2,500/- per month. The petitioner is a surety with respect to a chitty subscribed by the 4th respondent from the 3rd respondent. Respondents 5 and 6 are also co-sureties along with the petitioner with respect to the transaction. 2. According to the petitioner, the recovery steps against the petitioner is made without taking any effective steps for recovery of the amounts from respondents 4 to 6. Hence the petitioner challenges the recovery steps and also seeks for a direction to proceed against respondents 4 to 6. 3. In the statement filed on behalf of the 3rd respondent, it is contended that the 4th respondent the principal debtor, is not drawing any salary for a long time and hence no amounts can be realised from him. He had already retired from the service on 31.3.2011. The 6th respondent had also retired from service. It is further stated that eventhough steps against the 5th respondent was initiated, no amount could be recovered since he is also not drawing any salary for a long time. However, it is W.P.(C).5533/11 -2- conceded that after effecting recovery from the salary of the petitioner for a period of 24 months till January 2009, no further amount was sought to be recovered considering the limitations prescribed under Section 80 of the Kerala Revenue Recovery Act, 1968 read with Section 60(1) of the Code of Civil Procedure. 4. Considering the admitted fact that the petitioner is a surety, his liability is co-extensive with that of principal debtor and other sureties. However, on the basis of submissions contained in the statement to the effect that the recovery steps against the salary of the petitioner is not being pursued since January 2009, I am of the view that no further relief is required at present. 5. However, ends of justice will be served if a direction is issued to respondents 1 to 3 to take effective steps to recover the amounts from respondents 4 to 6, by all possible methods. It is made clear that further steps of recovery can be proceeded against the petitioner only in accordance with the relevant provisions. But before that, all possible steps shall be taken against respondents 4 to 6 also. The writ petition is disposed of with the above observations. C.K.ABDUL REHIM, JUDGE. okb