Kerala High Court
Sukesh S vs Kerala State Financial Enterprises ... on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15334 OF 2024
PETITIONER:
SUKESH S.,
AGED 33 YEARS, S/O. LATE SUBRAMANIAN,
OMKAR HOUSE,
KARUVANNUR THARA, KODUVAYUR,
PALAKKAD DISTRICT, PIN-678 501.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE),
THE KERALA STATE FINANCIAL ENTERPRISES LTD, PB NO.510,
'BHADRATHA', MUSEUM ROAD, THRISSUR, PIN-680 020
REPRESENTED BY THE MANAGING DIRECTOR
2 THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
CHITTUR BRANCH, CHITTUR, PALAKKAD,PIN-678 101
REPRESENTED BY THE BRANCH MANAGER.
3 THE SPECIAL DEPUTY TAHSILDAR (RR),
THE KERALA STATE FINANCIAL ENTERPRISES LTD,
OPPOSITE AROMA THEATRE, PALAKKAD, PIN-678 001.
4 GOPINATHA KURUP V.,
AGED 64 YEARS, S/O. GOPALANKUTTY NAIR,
SWAMY NIVAS,
KARUVANNUR THARA, KODUVAYUR,
PALAKKAD DISTRICT, PIN-678 501.
5 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, PALAKKAD, PIN-678 001.
SRI.SALIL NARAYANAN K.A., STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.15334 of 2024
-:2:-
JUDGMENT
Dated this the 12th day of April, 2024
The petitioner says that his salary is being attached by
the Kerala State Financial Enterprises (KSFE) - since he was a
guarantor of a loan availed by respondent No.4, which is in
default - but that it is now being continued in violation of
provisions of the Code of Civil Procedure, particularly Section
60 thereof.
2. Sri.Salil Narayanan - learned Standing Counsel for
the KSFE, however, controverted to the afore submissions of
Sri.Sajan Varghese K. learned counsel for the petitioner,
saying that any attachment by his client is being done and will
be done only in terms of law and in no other manner. He
submitted that, therefore, if the petitioner is so interested, he
will be heard and a final decision on his claim will be taken
without any avoidable delay.
3. I have no doubt that the afore suggestion of Sri.Salil
Narayanan is most apposite in the given circumstances
because, the question whether the attachment of the petitioner
is in violation of law, is one that is hinged both on facts and the
applicable statutory provisions. This certainly requires to be
decided by the KSFE at the first instance, so that the petitioner
can then approach this Court again, if so required.
4. In the afore circumstances, acceding to the
suggestion of Sri.Salil Narayanan, I allow this Writ Petition and
direct the Competent Authority of the KSFE to immediately
hear the petitioner and take a decision on his claim against
further attachment of his salary; thus culminating in an
appropriate order and necessary action, as expeditiously as is
possible, but not later than one month from the date of receipt
of a copy of this judgment.
5. Needless to say, until such time as the afore is done
and the resultant order communicated to the petitioner,
further attachment on his salary shall stand deferred, but can
be taken forward only depending upon the afore decision.
It is without requirement to say specifically that, any
remedy of the petitioner to approach this Court again pursuant
to the action in terms of the afore directions, is also left open;
for which purpose, rival contentions are left undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
APPENDIX OF WP(C) 15334/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM FOR
'NEW CHITTY LOAN' SUBMITTED ON
19-11-2015 BY THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE APPLICATION FOR
ACCEPTANCE OF SECURITY DATED 19-11-2015
SUBMITTED ALONG WITH THE EXT.P1.
Exhibit P3 TRUE COPY OF THE EMPLOYMENT CERTIFICATE
OF THE PETITIONER DATED 20-11-2015
SUBMITTED WITH THE EXT.P1.
Exhibit P4 TRUE COPY OF THE LETTER DATED
17-08-2017 ISSUED BY THE 5TH RESPONDENT
TO THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER DATED
09-11-2023 ISSUED BY THE 5TH RESPONDENT
TO THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED
24-01-2024 ISSUED BY THE 5TH RESPONDENT
TO THE 3RD RESPONDENT.
