IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5312 of 2008(G) ------------------------- AGAINST THE ORDER DATED 15/12/2007 IN EP.126/05 IN OS.557/2000 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------- H.SALIM, AGED 55 YEARS, S/O. A.M.HANEEFA A.M.HANEEFA, MANAGER, A.K.M.VOCATIONAL HIGHER SECONDARY SCHOOL, THADICADU. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT: --------------- VIDYARTHIMITHRAM PRESS & BOOK DEPOT., HEAD OFFICE, BAKER ROAD, KOTTAYAM, REPRESENTED BY ITS MANAGING PARTNER, KOSHY P.JOHN, PALLUKALAYIL HOUSE, (VIDYARTHIMITHRAM), CHARUVILIKUNNEL, PANAYAKAZHIPPU, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.5312 OF 2008 -------------------------- Dated this the 14th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Munsiff Court, Punalur and the prayer is to set aside Exts.P5 to P7 orders. The writ petitioner claims to be the Manager of the school and the decree holder is the Vidyarthimithram Press & Book Depot. The suit was instituted for the realisation of the amount for the supply of books and the court granted a decree for 21,477.35/- with interest 24%. It is true that at the time of the decree of the suit the mother of the petitioner was the Manager of the school. Now the writ petitioner contends that he was not the Manager at that time. Therefore, he is not liable to pay the decree amount. It is contended by him that he cannot be proceeded personally against the decree. It has to be stated that the decree is against the Manager of the School and as the writ petitioner is the Manager at present he is liable to pay amount and his contention cannot be accepted. Therefore, it is rejected. But I do not want the Manager to be sent to jail immediately provided he is prepared to wipe off the liability. W.P.(C)No.5312/2008 2 2. Therefore, I grant him two months time to wipe off the liability and the court below is directed not to execute the warrant of arrest if it is already ordered against the said person. But in case of failure to pay the amount after the expiry of the period, the court below is at liberty to proceed against him and the decree holder can request for issuance of warrant to realise the amount. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps