IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 7319 of 2008(U) ------------------------- AGAINST THE ORDER DATED 9.7.07 IN EP.340/2006 IN OS.1680/2003 IN of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------ K.S.MOHANAN,S/O.SUBRAMANIAN KAVUNGAPPILLY HOUSE, PUTHENCHIRA THRISSUR. BY ADV. SRI.K.A.SREEJITH SRI.JACOB JOHN RESPONDENTS: ------------- SPACE AGE KURIES (P) LTD THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.7319 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT This writ petition is preferred against the order of the Principal Munsiff Court, Thrissur whereby it ordered attachment of Rs.2,000/- from the salary of the judgment debtor. 2. It is contended that there is no attachable salary. I had perused the pay certificate. His pay plus dearness pay comes together to Rs.5,475/-. What is attachable is to deduct first Rs.1,000/- and then deduct the 2/3rd and find out the amount. I think it will not reach Rs.2,000/-. Further, recovery is already effected for an amount of Rs.6,996/-. Out of his total salary of Rs.7,442/- carry home salary is Rs.446/-. These aspects have been not been considered by the court for the reason even if the law permits only deduction of certain categories when already deductions are effected in various modes unless there is some balance how can it be achieved is a matter that is to be considered and decided by the court. WPC No.7319/2008 2 3. Therefore, the order under challenge is set aside and the matter is remitted back to the court below for fresh consideration. The court below is directed to give notice to the decree holder as well, hear both sides and dispose of the matter in accordance with law. Till a fresh order is passed, no attachment shall be made. The writ petition is disposed of. M.N.KRISHNAN, JUDGE csl