High Court of KeralaWP(C)/30700/2008dismissed

S.Sudhakaran Pillai v. The Kerala State Financial Enterprises L

2015-07-14Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 PETITIONER(S):

----------------------- S.SUDHAKARAN PILLAI, KULANGARA PUTHEN VEEDU, NEDUVATHUR PO., KOTTARAKKARA, KOLLAM DISTRICT.

BY ADVS.SRI. K.SIJU SRI.PRATHEESH.P SMT.T.M.RESHMI RESPONDENT(S):

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1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., ` THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR.

2. SPECIAL DEPUTY THAHASILDAR (RR), KSFE LTD., KOLLAM.

3. DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM.

4. DILEEP KUMAR, S/O.SADASIVAN, AGED 41, KOTTAPURATHU PUTHEN VEEDU, KIZHAKKEKKARA, PULAMON KOTTARAKKARA VILLAGE, KOLAM.

5. F.CLEMENT, PALAMOOTTHIL KIZHAKKATHIL PATTATHANAM PO., KOLLAM.

6. ANCHILA THOMAS, PUTHANAZHIKOM PURAYIDOM, ERAVIPURAM SOUTH, KOLLAM .

7. K.R.UMESH KUMAR, EXCISE GUARD, ARYANKAVU EXCISE CHECK POST, ARYANKAVU, KOLLAM. * ADDL.R8 & R9 IMPLEADED

8. C.MOHANAN, S/O.CHELLAPPAN, U.D.INVESTIGATOR, STATISTICS OFFICE, ADOOR, RESIDING AT KOTTOOR KIZHAKKATHIL VEEDU, MANNADI P.O.

....2/-

..2..

9. DHARMARAJAN, S/O.JANARDHANAN, DEMONSTRATOR, STATISTICS OFFICE, ADOOR, RESIDING AT CHARUVILA VEEDU, OTTOOR, MAVINMOODU, KALLAMBALAM P.O.

ADDL.R8 & 9 ARE IMPLEADED AS PER ORDER IN IA.3198/2009 DATED 3/6/09 R1-R2 BY ADV. SRI.P.V.LONACHAN R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - COPY OF THE RECEIPTS OF PAYMENTS MADE TO KSF LTD. FROM 1999 TO EXT.P2 - COPY OF THE LETTER DATED 18/3/2008 EXT.P3 - TRUE COPY OF PROHIBITORY ORDER ISSUED BY THE R2 DATED 24/7/2008 IN NCL 455/97 EXT.P4 - TRUE COPY OF THE PROHIBITORY ORDER DATED 24/7/2008 IN NCL 42/98-99 (SDT/KLM/5878/06-07) EXT.P5 - TRUE COPY OF THE SALE DEED NO.143/2000 OF KOTTARAKKARA SUB REGISTRY IN FAVOUR OF THE R4 EXT.P6 - TRUE COPY OF LETTER DATED 15/7/2008 TO THE R2 RESPONDENT(S)' EXHIBITS NIL.

/ TRUE COPY / P.S. TO JUDGE

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 30700 of 2008 ------------------------------------------- Dated this the 14th day of July, 2015

J U D G M E N T

The petitioner is a Guarantor of three chitties subscribed by respondents 4 to 6 from KSFE in the year 1997-98. The principal debtors have defaulted repayment. Thereupon revenue recovery proceedings have been initiated against the petitioner. 2.

The petitioner as well as the principal debtors are Government servants. The case of the petitioner is that, instead of proceeding against principal debtors, the recovery proceedings initiated against the surety, is illegal. Therefore, petitioner seeks a direction to respondents 1 & 2 to effect recovery proceedings against the principal debtors before making further recovery from the petitioner.

The liability of the surety is co-extensive with the principal debtors. Petitioner cannot wriggle out from the liability being a Guarantor of the Chitties subscribed. The recovery initiated by the KSFE cannot said as illegal.

In that view of the matter, this writ petition is dismissed. Sd/- A. MUHAMED MUSTAQUE, JUDGE.