Sreelal vs The Kerala State Financial ...
2021 Latest Caselaw 17954 Ker

WP(C) NO. 15332 OF 2020            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                          WP(C) NO. 15332 OF 2020
PETITIONER/S:

               SREELAL
               AGED 42 YEARS
               S/O.THAMPAN, NEDUMTHARAYIL HOUSE, MUTTOM P.O.,
               HARIPAD, ALAPPUZHA DISTRICT.

               BY ADVS.
               S.SHANAVAS KHAN
               SMT.S.INDU



RESPONDENT/S:

      1        THE KERALA STATE FINANCIAL ENTERPRISES LTD
               BHADRATHA, MUSEUM ROAD, THRISSUR-680 020,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               MUTTOM BRANCH, NO.524, HARIPAD, ALAPPUZHA-590 511,
               REPRESENTED BY ITS BRANCH MANAGER.

      3        THE MEDICAL OFFICER,
               PRIMARY HEALTH OFFICER, PALLITHODU, THURAVOOR,
               CHERTHALA, ALAPPUZHA DISTRICT-688 532.

      4        VENUKUMAR,
               AGED 57 YEARS
               S/O.KRISHNAN NAIR, THEKKADATHU HOSUE, EVOOR NORTH
               MURI, HARIPAD, ALAPPUZHA DISTRICT-690 507.

              BY ADVS.
              SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
              SRI.B.RENJITHKUMAR,
              SMT. DEEPA NARAYANAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 15332 OF 2020                2




                      P.V.KUNHIKRISHNAN, J
                --------------------------------------------
                    W.P.(C.) No.15332 of 2020
                   --------------------------------------
            Dated this the 1st day of September, 2021


                                  JUDGMENT

The petitioner is working as Junior Health Inspector Gr-II

at Primary Health Centre, Pallithodu, Thuravur, Alappuzha

District. According to the petitioner, the 4 th respondent is a

politician and is the President of the Cheppad Grama

Panchayat. He was a member of the Muthukulam Block

Panchayat also. It is stated in the writ petition that the

petitioner and the 4th respondent are having friendly

relationship. It is the case of the petitioner that taking

advantage of the relationship, the 4th respondent approached

the petitioner requesting to stand as a surety, while availing a

loan from the 2nd respondent. It is also stated in the writ

petition that the 4th respondent assured that he will remit the

instalments regularly and will not cause any problem to the

petitioner. The amount availed as loan was Rs. 1,00,000/-. It is

the case of the petitioner that, the 4 th respondent defaulted in

paying instalments and consequently, Ext.P1 notice was issued

by the 2nd respondent for recovery of the loan amount from the

salary of the petitioner. Ext.P2 is the information received by

the petitioner under the Right to Information Act about the

details of the loan. Aggrieved by Ext.P1, this writ petition is

filed.

2. Heard the learned counsel for the petitioner,

learned Standing Counsel for respondent Nos.1 and 2, learned

Government Pleader for the 3rd respondent and the learned

counsel for the 4th respondent.

3. The specific case of the petitioner is that the 4 th

respondent is the present President of Cheppad Grama

Panchayat. The case of the petitioner is that the 1 st and 2nd

respondents are proceeding against the petitioner alone,

without taking any steps against the 4 th respondent, who is the

present President of the Grama Panchayat. The learned

Standing Counsel submitted that the 1st and 2nd respondents

have got right to choose an easiest method for recovery and

admittedly, the petitioner is a surety in the loan agreement

and there is nothing wrong in issuing Ext.P1. The counsel for

the 4th respondent submitted that, in Ext.P1, it is stated that

the loan was taken in the year 2006 and there is no such loan

availed by him in that year. The learned Standing Counsel

submitted that there is a wrong entry in Ext.P1 and the actual

date on which the loan was availed by the 4 th respondent was

on 8.3.2017, which is clear from Ext.R2(a).

4. It is true that the 1st and 2nd respondents can initiate

recovery steps against the petitioner because he is the surety.

It is the choice of the 1st and 2nd respondents to initiate

recovery steps to recover the loan dues either from the

sureties or the principal debtor. But, it is a fact to be noted

that the 4th respondent is the President of a Grama Panchayat.

Without taking any action against the 4th respondent for the

recovery of the loan amount, it is improper on the part of the

1st and 2nd respondents to initiate steps against the petitioner

alone. Therefore, according to me, there can be a direction to

the 1st and 2nd respondents to take recovery steps against the

4th respondent also, along with the recovery steps against the

petitioner towards the loan amount. The recovery steps should

be taken against the 4th respondent by the 1st and 2nd

respondents within two weeks from the date of receipt of a

copy of this judgment.

Therefore, this writ petition is disposed, directing the 1 st

and 2nd respondents to initiate recovery steps to recover the

loan dues from the 4th respondent also, along with the

recovery steps already taken against the petitioner. The

petitioner is free to take appropriate steps against the 4 th

respondent also for the recovery of the amount already

collected from him by the 1st and 2nd respondents.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 15332/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 17.06.2020 FROM THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE INFORMATION DATED 02.07.2020 PROVIDED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 19.7.2021 ISSUED BY THE SECOND RESPONDENT TO THE DISTRICT MEDICAL OFFICER, ALAPPUZHA.

RESPONDENT EXHIBITS

EXHIBIT R2(A) TRUE COPY OF THE RECEIPT/ADJUSTMENT VOUCHER DATED 8TH MARCH 2017.

EXHIBIT R2(B) TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE SECOND RESPONDENT, FOURTH RESPONDENT AND THE PETITIONER HEREIN.

EXHIBIT R2(C) TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER HEREIN ON EIGHT OF FEBRUARY 2017.

EXHIBIT R2(D) TRUE COPY OF THE EMPLOYMENT CERTIFICATE OF THE PETITIONER.