IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29003 of 2010(A)
1. K.J.MATHEW,
... Petitioner
Vs
1. KONGORPILLY FARMERS SERVICE CO-OP.
... Respondent
For Petitioner :SRI.SUNIL JACOB JOSE
For Respondent :SRI.S.B.PREMACHANDRA PRABHU
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :25/11/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P(C)No.29003 of 2010
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Dated 25th November, 2010
JUDGMENT
The petitioner who is an employee of the Coir Board filed this
writ petition on being aggrieved by the steps taken by the respondent for
deduction of an amount of Rs.3,000/- from his monthly salary. The
petitioner stood as a surety to a loan transaction. In fact, the principal
debtor is none other than the sister of the petitioner. The contention of
the petitioner is that if a deduction of Rs.3,000/- is made from his
monthly salary, he may not be able to maintain his family. It is further
submitted that he is residing in a rented house. Citing the same and such
other worthy circumstances even while owning the liability the petitioner
sought for a limited interference for the purpose of reducing the amount
of monthly recovery from Rs.3,000/- to Rs.2,000/-.
2. I have heard the learned counsel appearing for the
petitioner as also the learned standing counsel for the respondent.
3. The learned standing counsel submitted that being a surety
to the loan transaction the petitioner is not legally entitled to raise all
such contentions. It is also submitted that as on today an amount which
is more than Rs.60,000/- is outstanding towards the said loan account.
It is an admitted fact that the principal debtor has committed default in
WP(C).No.29003/2010 2
prompt repayment and therefore, being a surety the petitioner cannot
attribute any illegality on the action resorted to by the respondent.
However, considering the fact that the petitioner is not disowning his
liability to discharge the debt and he is only requesting for reduction in the
amount sought to be recovered, I am inclined to dispose of this writ
petition as hereunder:-
As per Ext.P2, the respondent has requested the Accounts
Officer of the Coir Board, the employer of the petitioner, to recover an
amount of Rs.3,000/- from the monthly salary of the petitioner until the
liability is closed. In view of the facts expatiated earlier, in the interest of
justice, the amount sought to be recovered from the monthly salary of the
petitioner is reduced from Rs.3,000/- to Rs.1,500/-. It is made clear that
such deduction can be made from the salary of the petitioner till the entire
liability is wiped off. In case it is found that such deduction is not
sufficient to satisfy the outstanding liability on account of the age of
retirement of the petitioner it will be open to the respondents to re-fix the
above rate and intimate the same to the Accounts Officer. However, in
the interest of justice it will be appropriate to refrain from resorting to
such steps for a period of two years.
C.T.RAVIKUMAR
Judge
TKS