IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 36444 of 2010(E) -------------------------- PETITIONER(S): --------------- K.GANGADARAN, S/O.LATE P.K.KRISHNAPANIKKAR, AGED 53 YEARS, KALLANADI HOUSE, KODACHERI POST, PURAMERI VIA KOZHIKODE DISTRICT PIN-673 503. BY ADV. SRI.N.SHANOJ RESPONDENT(S): --------------- 1. THE MANAGER, SOUTH MALABAR GRAMIN BANK, BRANCH OFFICE THUNERI, KOZHIKODE DIST.-673 503. 2. THE MANAGER, UNION BANK OF INDIA, BRANCH OFFICE SULTHABATHERI, WAYANAD DIST.-567 505. 3. THE MANAGER, CANARA BANK, BRANCH OFFICE SULTHANBATHERI, WAYANAD DISTRICT-567 504. 4. THE MANAGER, KERALA FINANCIAL ENTERPRISES LTD, BRANCH OFFICE KALLACHI, KOZHIKODE DISTRICT-673 506. BY ADVS. SRI.T.R.RAVI, SC FOR R1 SRI.K.S.HARIHARAPUTHRAN, SC, K.S.F.E. LTD FOR R4 SRI.A.S.P.KURUP, SC UBI SRI.R.S.KALKURA, SC KFC SRI.PAULY MATHEW MURICKEN, SC CANARA BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 36444 OF 2010 ------------------------------------- Dated this the 21st day of December, 2010 JUDGMENT The Writ Petition is filed with the following prayers. (1) To issue a writ of Mandamus or any other writ of direction directing the respondents to stay the multiple simultaneous recovery proceeding against the petitioner and directing the respondents to recover the amount from the petitioner one after one. (2) To reduce the quantum of monthly recovery amount from the petitioner. (3) Directing to stay all the recovery proceeding against the petitioner. (4) To grant such other relief as may be prayed for and which this Hon'ble Court may deem fit and proper in the circumstances of the case. It is evident that the petitioner is having various liabilities with respect to financial assistance availed from respondents 1 to 4. It is submitted that, with respect to amounts due to respondents 1 and 3 Banks, decrees were already passed by the civil courts and execution petitions are pending. With respect to amounts due to the 4th 2 WP(C) No. 36444/2010 respondent, steps are initiated by recovery from the salary of the petitioner. It is further noticed that the amounts are also due to the second respondent Bank. 2. It is stated that the petitioner is employed in KSRTC and he is now physically incapacitated due to injuries sustained in an accident which occurred in the year 2002. Ext.P2 salary slip is produced to show that the petitioner is at present having a take-home salary of Rs.3,226/- only, after deducting the existing liabilities. Therefore apprehension of the petitioner is that if steps are initiated by all the respondents, the petitioner will be deprived of his livelihood. 3. Considering the fact that various amounts are due to different respondents, I am not at all inclined to restrain the steps initiated for recovery of such amounts from the salary of the petitioner. However it is made clear that such recovery can be effected only to the extent of limitations stipulated under Section 80 of the Kerala Revenue Recovery 3 WP(C) No. 36444/2010 Act. Under the above circumstances, the Writ Petition is dismissed with the observations as noted above. C.K. ABDUL REHIM JUDGE dnc