IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).NO. 8460 OF 2010(O) ------------------------- AGAINST THE ORDER DATED 24/09/2009 IN EA.3715/08,EP226/02 IN OS.2982/2002 OF II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- SECRETARY, THRISSUR CORPORATION, THRISSUR-1. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENT(S): --------------- 1. VILLVATTOM KURIES AND LOANS(P)LTD. THRISSUR. 2. T.E.KUTTAN, S/O.TRIPAKKAL EACHARAN, EAST FORT, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A CERTIFIED COPY OF THE ORDER DATED 24.9.2009 IN E.A. NO.3715 OF 2008 IN E.P. NO. 2262 OF 2004 IN O.S. NO.2982 OF 2002 OF THE SECOND ADDITIONAL MUNSIFF'S COURT, THRISSUR. EXHIBIT P2 TRUE COPY OF PETITION AND AFFIDAVIT IN E.A. NO.3715 OF 2008 IN E.P. NO.2262 OF 2004 IN O.S. NO.2982 OF 2002 OF THE MUNSIFF'S COURT, THRISSUR. EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 5.6.2009 FILED BY THE SECRETARY OF THE THRISSUR CORPORATION IN THE MUNSIFF'S COURT, THRISSUR. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.8460 of 2010 ==================================== Dated this the 15th day of September, 2010 J U D G M E N T This Writ petition is in challenge of Ext.P1 order dated 24.09.2009 on I.A. No.3715 of 2008 in E.P.No.2262 of 2004 in O.S. No.2982 of 2002 of the court of learned Additional Munsiff-II, Thrissur. There was an order passed by the learned Munsiff executing the decree in O.S. No.2982 of 2002 in the year 2005 attaching salary of the Secretary who then was an employee of Corporation of Thrissur of which petitioner is the present Secretary. Salary attached was not sent to the executing court. Thereon respondent No.1-decree holder filed E.A. No.3715 of 2008 to attach salary of petitioner who by then became the Secretary of the Corporation. That application was allowed as per Ext.P5, order which is under challenge in this Writ Petition. 2. Respondent remained absent in spite of service of notice. 3. Learned counsel for petitioner contends that petitioner W.P(C) No.8460 of 2010 -: 2 :- took charge as Secretary of the Corporation only on 22.05.2009 and hence for non-compliance with the order of attachment before that, salary of petitioner could not be attached. It is also contended that before 22.05.2009 respondent No.2 was on unauthorised absence and hence his salary could not be attached. Learned counsel contends that for the said reasons Ext.P1, order cannot be sustained. 4. I have gone through the counter affidavit filed in support of E.A. No.3715 of 2008 and find that the contentions above stated do not find a place in the counter. Instead what is contended is that order of attachment was not communicated to the office of the Secretary of the Corporation which the executing court found against. However, it is necessary to consider the objections now raised by petitioner before deciding whether his salary could be attached. Learned counsel also states that salary of respondent No.2 attached is being sent to the court from November, 2009 onwards. Having regard to the circumstances stated I am inclined to set aside Ext.P1, order and remit E.A. No.3715 of 2008 to the executing court for fresh consideration. Petitioner will get opportunity to file additional W.P(C) No.8460 of 2010 -: 3 :- counter and take appropriate contentions. Resultantly, this Writ Petition is allowed. Exhibit P1, order on E.A. No.3715 of 2008 is set aside and that application is remitted to the executing court for fresh decision after giving opportunity to petitioner to file additional counter. THOMAS P. JOSEPH, JUDGE. vsv