T. Sudarsanan vs The Assistant Registrar / ...
2021 Latest Caselaw 14914 Ker

W.P(C).3394/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                            WP(C) NO. 3394 OF 2021
PETITIONER/S:

             T. SUDARSANAN, AGED 55 YEARS, S/O.THANKAPPAN PANICKER,
             KUNNUMPURATHU VEEDU, THEKKUPARA P.O., VELLARADA,
             THIRUVANANTHAPURAM - 695 505 NOW RESIDING AT NARAYAN
             VILASOM, NAARAKATHINKUZHI, MYLAKKARA P.O., KALLIKADU,
             THIRUVANANTHAPAURAM - 695 572.

             BY ADV J.G.SYAMNATH


RESPONDENT/S:

      1      THE ASSISTANT REGISTRAR / ARBITRATOR,
             THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.,
             FORT, THIRUVANANTHAPURAM - 695 023.

      2      THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT CO-
             OPERATIVE BANK LTD., FORT, THIRUVANANTHAPURAM-695 023.

      3      THE PANCHAYAT DEPUTY DIRECTOR, OFFICE OF THE PANCHAYAT
             DEPUTY DIRECTOR, CIVIL STATION, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM -695 043.

      4      MOHANKUMAR A.K. AJANTHA BHAVAN, CHEMPOOR, MANNAMKONAM
             P.O., THIRUVANANTHAPURAM - 695 125.

             BY ADV SHRI.THOMAS ABRAHAM


OTHER PRESENT:

              SR.GP BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).3394/2021
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                              JUDGMENT

The writ petitioner was the guarantor in a transaction, in which, the

4th respondent was the principal debtor. Since default was committed,

arbitration proceedings were initiated, which culminated in an award. In

execution of the award, proceedings were initiated for attachment of

salary of the petitioner herein since he is stated to be the only person in

employment now. Attachment order dated 03.08.2020 was issued through

the third respondent. A sum of Rs.7500/- was ordered to be deducted

from his salary. Ext.P4 is the salary attachment. The grievance of the

petitioner is that, without proceeding against the principal debtor, he is

being proceeded against. Hence, the prayer sought was to direct the third

respondent to release the salary of the petitioner without any attachment.

2. When the matter was taken up, it was submitted by the learned

Senior Government Pleader that, though attachment of salary as against

the petitioner was ordered, it could not be effected. It seems that the

petitioner is a self drawing officer and attachment order has not been

given effect to. It is reported that the matter was reported by his superior

officer to the other higher officers and the matter is now pending before

those authorities.

Having considered this, I am satisfied that the petitioner himself is W.P(C).3394/2021

not entitled for any discretionary relief. Writ Petition is accordingly closed

reserving the right of the petitioner to pursue his challenge against the

award.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).3394/2021

APPENDIX OF WP(C) 3394/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE NON-LIABILITY CERTIFICATE OF THE PETITIONER DATED 07/11/1995.

EXHIBIT P2 A TRUE COPY OF THE ARBITRAL AWARD IN ARC 148/2011.

EXHIBIT P3 A TRUE COPY OF THE LETTER OF THE PETITIONER DATED 05/02/2020.

EXHIBIT P4 A TRUE COPY OF THE ORDER TO ATTACH SALARY DATED 03/08/2020.

EXHIBIT P5 A TRUE COPY OF THE LETTER OF THE PETITIONER DATED 30/08/2020.

EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 10/09/2020 TO THE 3RD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 30/11/2020 TO THE JOINT REGISTRAR GENERAL.

EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 15/01/2021 TO THE SPECIAL SALES OFFICER.

EXHIBIT P9 A TRUE COPY OF THE COPY APPLICATION FILED BEFORE THE 1ST RESPONDENT.