IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 18241 of 2009(A) -------------------------- PETITIONER(S): --------------- S. JAMES, S/O. SIMON, AGED 57 YEARS, RETIRED BLACKSMITH, KSRTC, REGIONAL WORKSHOP, ALUVA, RESIDING AT T.J. IVAS, KAITHAYIL, CHERUVELIKKUNNU ROAD, MUDICKAL P.O., PERUMBAVOOR BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRASNPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE WORKS MANAGER, KSRTC, CENTRAL WORKSHOP, PAPPANAMCODE. 4. KERALA STATE TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD., NO.T133, THAMBANUR, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY. 5. C.ARUMUGHAN ASARI, S/O. CHELLAPPAN ASARI, ARAPPURAVILAKATH, KOTTUKONATHU VEEDU, KODANGAVILA P.O, THIRUVANANTHAPURAM. R1 BY SC SRI. K. PRABHAKARAN ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18241 OF 2009 ------------------------ Dated this the 30th day of June, 2009. JUDGMENT The petitioner is a surety to a loan availed of by the 5th respondent from the 4th respondent Society. The 5th respondent committed default and now the petitioner is facing recovery proceedings. It is therefore that the writ petition has been filed and the prayer sought for is that the respondents should be directed to recover the dues from the terminal benefits of the 5th respondent, who is stated to be retired from service on 30.11.2008. 2. Admittedly, the petitioner is a surety. Default has been committed by the principal debtor and therefore the respondents cannot be faulted, even if recovery is directed against the petitioner, since the liability of the surety is co- extensive with that of the principal debtor. Therefore this court will not be justified in passing any order exonerating WP(c).No.18241/09 2 the petitioner from the liability. 3. However, having regard to the prayer made by the petitioner before the 4th respondent as per Ext.P2 representation to effect recovery from the dues of the 5th respondent also, it is directed that the 4th respondent shall consider Ext.P2, if the said representation has been received and is pending, as expeditiously as possible. Petitioner to produce a copy of the judgment along with a copy of this writ petition before the 4th respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.18241/09 3