IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 7092 of 2007(T) ------------------------- PETITIONER(S): --------------- D.HARIKUMAR, AGED 36 YEARS, S/O DHAMODHARAN, LEELALAYAM, NEDUNKANDAM P.O., NOW WORKING AS FOREST GUARD, AZHUTHA RANGE, PERIYAR WEST DIVISION, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. P.GOPALAKRISHNAN, PADMAVILASAM, KUMALI, PEERUMEDU TALUK, IDUKKI DISTRICT. 2. P.REJIKUMAR, REMESH BHAVANAM, SANATHANAPURAM P.O., ALAPPUZHA. 3. PRINCIPAL CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR, THIRUVANANTHAPURAM. 4. THE FOREST RANGE OFFICER, AZHUTHA FOREST RANGE, PEERUMEDU P.O., IDUKKI DISTRICT. 5. THE KERALA FINANCIAL ENTERPRISES LIMITED REP.BY ITS MANAGING DIRECTOR, M.D.COMMERCIAL CENTRE, KOTTAYAM. 6. THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA FIANANCIAL ENTERPRISES LIMITED, M.D.COMMERCIAL CENTRE, KOTTAYAM. ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R5 SRI.V.V.NANDAGOPAL NAMBIAR FOR R1 SMT.PREEJA. P.VIJAYAN FOR R1 GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 7092/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.24.5.03. P2. COPY OF THE REPRESENTATION DTD.6.6.03 TO R3. P3. COPY OF THE ORDER DTD.5.10.06 BY R6. P4. COPY OF THE REPRESENTATION DTD.21.10.2006 BEFORE R5 AND R6. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE GRATUITY PAYMENT ORDER DTD.15.11.06. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.7092 of 2007 ================== Dated this the 18th day of August, 2009 J U D G M E N T The petitioner is a surety for repayment of the loan amounts taken by the 1st respondent from the 5th respondent. The 1st respondent did not pay the amounts. Now the petitioner, as a surety, is being proceeded against for recovery of the outstanding amounts of loan. The contention of the petitioner in the writ petition is that the 1st respondent has retired from service and retirement benefits due to him should not be disbursed until the amounts due to the 5th respondent are paid. At the time of admission, this Court directed the 3rd respondent not to disburse the terminal benefits due to the 1st respondent. Subsequently, that interim order was modified and the interim order was confined to gratuity amount alone. No gratuity has been disbursed to the 1st respondent in view of the interim order. 2. I have heard all parties including the counsel for the 1st respondent. 3. The learned Government Pleader submits that after adjusting the amounts recovered from the other surety also, for settling the dues as per the OTS scheme, the 1st respondent has to pay an amount of Rs.21,390/- on or before 31.8.2009, failing which the amount payable would be Rs.52,600/- . W.P.C.7092/07 2 4. In the facts and circumstances of the case, the 3rd respondent is directed to deduct a sum of Rs.21,390/- from the DCRG due to the 1st respondent and pay the same to the 5th respondent before 31.8.2009. On receipt of the same, the 5th respondent shall close the loan account. The balance only shall be disbursed to the 1st respondent. This is without prejudice to the right of the sureties to proceed against the 1st respondent for recovery of the amounts recovered from them towards the repayment of loan amounts due from the 1st respondent. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge