IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 31058 of 2005(V) -------------------------- PETITIONER: ------------ 1. J. PRASANNKUMARI, KULANGARA VALIYA VEEDU, MANJAKKALA, AVANEESWARAM R.S.P.O., KOLLAM DISTRICT. 2. NITHIN P. KURUP (MINOR) KULANGARA VALIYA VEEDU, MANJAKKALA, AVANEESWARA R.S.P.O., KOLLAM DISTRICT, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN J. PRASANNKUMARI. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENTS: ------------- 1. SPECIAL DEPUTY TAHSILDAR (R.R.), THE KERALA STATE FINANCIAL ENTERPRISES LTD., REGIONAL OFFICE, SILVER JUBELEE BULDING, STATE, THIRUVANANTHAPURAM. 2. SPECIAL DEPUTY TAHSILDAR (RR.) THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM. 3. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 4. A.S. SURESH BABU, `GOKULAM', PULIMUKKU, AVANEESWARAM R.S.P.O., KOLLAM DISTRICT, PIN-691 517. R1 AND R2 BY G.P. SMT. SMITHA BY ADV. SRI.S.D.ASOKAN FOR R3 SRI.AJAYA KUMAR. G FOR R4 SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER NO. SDT/TVM/5895/05-06 DATED 26.9.2005 OF THE FIRST RESPONDENT.\ EXT.P2 TRUE COPY OF THE DEMAND NOTICE OF THE 2ND RESPONDENT ADDRESSED TO THE FIRST PETITIONER. EXT.P3 TRUE COPY OF THE DEMAND NOTICE OF THE 2ND RESPONDENT ADDRESSED TO THE 2ND PETITIONER. EXT.P4 TRUE COPY OF THE OBJECTION DATED 31.10.2005 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 31058 OF 2005 -------------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT Petitioners are the wife and son of deceased surety who stood as surety for the fourth respondent, at the time of release of prize money for a chitty. The surety died on 12.1.2000 and thereafter his retirement benefits were released to the legal heirs. At present the first petitioner is entitled to family pension which cannot be attached is the case of the petitioners. The challenge is against recovery proceedings proposed against the property of thedeceased devolved upon legal heirs after his death. In fact, recovery proceedings itself commenced only on 17.8.2005 whereas surety died on 12.1.2000. Apparently there was no default by the borrower during the life time of the surety. Even though counsel for KSFE submitted that notices were issued to the employer of the surety for recovery of DCRG benefit on death, it went unheeded. I do not think the property of the petitioners can now be proceeded against for lapses if any committed by the employer of the deceased- surety in not implementing garnishee proceedings. Since the bond 2 executed by the surety was only to recover and attach from his salary and DCRG and nothing on this account is now due to the surety, no recovery is now possible under the bond. In the circumstances, W.P. is allowed quashing recovery proceedings against the petitioners and their property. However, KSFE is free to proceed against defaulter's assets and against surviving sureties, if any. (C.N. RAMACHANDRAN NAIR) Judge kk 3