IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 8TH DAY OF JANUARY 2013 18TH POUSHA 193 WP(C).No. 2894 of 2010 (J) -------------------------- PETITIONER(S): ------------- 1. KAMALASANAN, S/O.GOPALAN P.K., AISWARYA BHAVAN, ERUMELY NORTH VILLAGE KANJIRAPPILLY, KOTTAYAM.
2. THEVAN, S/O.CHOTHI, KOTTANKUDIYIL HOUSE, OORAMANA P.O., MUVATTUPUZHA ERNAKULAM.
3. THANKAPPAN M.P., S/O.THEVAN, MUKKATHUPARAMBIL, THIRUVANKULAM, KANAYANNUR TALUK ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): -------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, ERNAKULAM SOUTH BRANCH, ERNAKULAM.
2. THE BRANCH MANAGER, KSFE LTD., ERNAKULAM SOUTH BRANCH, ERNAKULAM.
3. THE SPECIAL DEPUTY TAHSILDAR(R.R.), KSFE LTD., ERNAKULAM SOUTH BRANCH, ERNAKULAM-18.
4. THE MATERIAL SUPERINTENDENT, MATERIAL ORGANISATION, NAVAL BASE, KOCHI-4.
5. N.C.THOMAS, S/O.AJUSTHY CHACKO, NARAKATHARA VEEDU, ELAMKULAM VILLAGE, ERNAKULAM. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA BY ADV. SRI.M.K.CHANDRA MOHANDAS BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY ADV. SRI.ANTONY M. AMBAT BY ADV. GOVERNMENT PLEADER SMT.ROSE MICHAEL BY SRI.M.L.SAJEEVAN, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.2894/2010 APPENDIX PETITIONERS' EXHIBITS: P1 COPY OF THE PROHIBITORY ORDER BY R3 DT 11.11.2009 TO THE 2ND PETITIONER. P2 COPY OF THE PROHIBITORY ORDER BY R3 DT 11.11.2009 TO THE 3RD PETITIONER. P3 COPY OF THE LETTER ISSUED BY R4 DT 21.12.2009. P4 COPY OF THE COMPLAINT LODGED BEFORE R2 AND R3. RESPONDENT'S EXHIBITS: ANNEXURE-R2(A) COPY OF EMPLOYMENT CERTIFICATE DT 12.4.2007. ANNEXURE-R2(B) COPY OF CHITTY SECURITY BOND DT 19.4.2007. EXT.R3(A) COPY OF AGREEMENT SIGNED BY THE SURETIES AND COUNTERSIGNED BY THEIR OFFICER. EXT.R3(B) COPY OF AGREEMENT SIGNED BY THE SURETIES AND COUNTERSIGNED BY THEIR OFFICER. EXT.R3(C) COPY OF AGREEMENT SIGNED BY THE SURETIES AND COUNTERSIGNED BY THEIR OFFICER. // True Copy // PA to Judge A.M.SHAFFIQUE, J.
````````````````````````````````````````````````````````````` W.P.(C) No.2894 of 2010 J ````````````````````````````````````````````````````````````` Dated this the 8th day of January, 2013 JUDGMENT
~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners are guarantors to a chitty transaction in which the fifth respondent is the principal debtor. Compliant of the petitioners is that in spite of taking necessary steps for recovering the chitty amount or the defaulted instalments from the fifth respondent, action is taken by the first respondent to recover the amount from the salary of the petitioners at the rate of `3,000/- per month.
2. According to the petitioners, their main livelihood may be affected on account of such recovery and though a representation was submitted as per Ext.P4 requesting the KSFE to recover the amount from the fifth respondent, no action has been taken so far.
3. A counter affidavit is filed by the second respondent, inter alia, contending that they are entitled to WP(C) No.2894/2010 :
2. : recover the amount as the defaulted amount comes to `1,65,801/-.
4. Having regard to the fact that the petitioners are admittedly guarantors to a transaction in which the fifth respondent is the principal debtor, I do not think that there is any illegality in recovering the amount from the above petitioners. Recovery proceedings are initiated against the petitioners mainly for the reason that no recovery is effected from the salary of the fifth respondent, who is the principal debtor. It is not known why the fifth respondent is left scotfree and the petitioners above are targetted.
5. Having regard to the fact that the petitioners have a genuine grievance that no action is taken by respondents 1 and 2 for recovering any amount from the salary of the fifth respondent, it will be appropriate to direct respondents 1 and 2 to take immediate steps for recovering the possible amounts from the fifth respondent as well. This direction is issued under special circumstances in view of the fact that WP(C) No.2894/2010 :
3. : no action has been taken by respondents 1 and 2 on Ext.P4. In the result, writ petition is disposed of with a direction to respondents 1 and 2 to take immediate steps for recovering the outstanding amount from the salary or other property of the fifth respondent as well. Sd/- (A.M.SHAFFIQUE, JUDGE) aks/09/01 // True Copy // PA to Judge