IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 37065 of 2010(G) -------------------------- PETITIONER: --------------- M.MOHANAN, AGED 58 YEARS, S/O.MADHAVAN, POURNAMI, ASHRAMAM ROAD, NETTAYAM P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM DIST. BY ADV. MR. JOHNSON GOMEZ MR. S.BIJU (KIZHAKKANELA) RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD REPR. BY ITS SECRETARY, VYTHUTHI BHAVAN, PATTOM PALACE, THIRUVANANTHAPURAM PIN-695004. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD VYTHUTHI BHAVAN, PATTOM PALACE, THIRUVANANTHAPURAM - 695004. 3. THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK LTD.NO. 5. 131, REP.BY ITS SECRETARY, PRESS ROAD, THIRUVANANTHAPURAM-695001. 4. ARBITRATOR/SPECIAL SALE OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK, PRESS ROAD, THIRUVANANTHAPURAM - 695001. 5. K.VIJAYAN, T.C.36/1516 PRASEETHA, PERUTHANANI, SREEVARHAM, MANAKKAD, THIRUVANANTHAPURAM - 695009. 6. V.THANKAPPAN, PERUMKUNNATHU VEEDU, VAZHICHAL P.O., OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM DISTRICT-695125. W.P.(c) 37065 OF 2010 2 7. S.SUNDARESAN, THANAL, MUTHIYAVILA, KATTAKKADA, THIRUVANANTHAPURAM DIST.-695572. R1 AND R2 BY ADV. MR. K.S.ANIL, SC, KSEB R3 MR. D.SAJEEV R6 MR. N.SASIDHARAN UNNITHAN R7 MR. K.MOHANAKANNAN MS. A.R.PRAVITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(c) 37065 OF 2010 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : A TRUE COPY OF THE LETTER NO. 111RL/04-03 DATED 15/10/2004 ISSUED BY THE THIRD RESPONDENT TO THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION, VITHURA EXT. P2 : A TRUE COPY OF THE DEMAND NOTICE NO. 559/DN/07-08 DATED 23/11/2007 ISSUED BY THE THIRD RESPONDENT. EXT. P3 : A TRUE COPY OF THE AWARD PASSED IN ARBITRATION FILE NO. 1064/2007 DATED 22/12/2007 PASSED BY THE ARBITRATOR EXT. P4 : A TRUE COPY OF THE LETTER NO. 588/RB/07-08 DATED 01/12/2007 ISSUED BY THE RESPONDENT BANK EXT. P5 : A TRUE COPY OF LETTER NO. PA I/PPO.37412 DATED 27/03/2010 ISSUED BY THE SECOND RESPONDENT. EXT. P6 : A TRUE COPY OF THE LETTER NO. PA.V./PPO 37412 DATED 02/09/2010 ISSUED BY THE SECOND RESPONDENT TO THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, NEDUNGADU 3RD RESPONDENT'S EXHIBITS : EXT. R3 (a) : TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 5TH RESPONDENT DATED 22/12/1999 EXT. R3 (b) : TRUE COPY OF LOAN BOND EXECUTED BY THE PRINCIPAL DEBTOR AND THE SURETIES IN O.L. NO. 385/99- 2000 IN FAVOUR OF THE THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK EXT. R3 © : TRUE COPY OF THE SALARY CUM NON LIABILITY CERTIFIATE SUBMITTED BY THE PETITIONER BEFORE THE BANK EXT. R3 (d) : TRUE COPY OF THE PLAINT FILED BY THE BANK EXT. R3 (e) : TRUE COPY OF THE DEMAND NOTICE DATED 2311.2007 ISSUED BY THE BANK TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 37065 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of November, 2011 JUDGMENT The petitioner, who was an employee of the Electricity Board is stated as aggrieved of Exts. P5 and P6 proceedings and the steps taken to withhold the DCRG payable to the petitioner in view of a loan transaction with the third respondent Bank. 2. The case of the petitioner is that, the 5th respondent herein is the principal debtor, who has availed a loan of Rs. 1 lakh from the third respondent Bank and the petitioner has stood as a guarantor to the transaction. Pursuant to the default committed by the 5th respondent, the third respondent Bank issued a demand notice as borne by Ext. P2 and further steps were pursued, which culminated in Ext. P3 Award passed by the Arbitrator. It is stated that no consent was ever given by the petitioner to have the due amount realized from the DCRG and as per the statutory prescription, the DCRG is free from any attachment. 3. The learned counsel for the 3rd respondent submits that the rights and interests of the 3rd respondent Bank will stand confined to the steps for realizing the amount as per Ext. P3 Award by resorting to W.P. (C) No. 37065 of 2010 : 2 : other appropriate proceedings and that the said respondent does not have any objection for releasing the DCRG to the petitioner. In the said circumstances, the Writ Petition is disposed of, directing the second respondent to disburse the DCRG payable to the petitioner in respect of his service at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. It is made clear that, the third respondent is at liberty to proceed with further steps for execution of Ext. P3 Award in accordance with law. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd