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Kerala High Court
Jaiju Mathew vs State Of Kerala on 30 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 3564 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
WP(C) NO. 3564 OF 2026
PETITIONER(S) :
JAIJU MATHEW, AGED 47 YEARS
S/O MATHEW, VILLAGE FIELD ASSISTANT, TALUK OFFICE,
UDUMBANCHOLA, IDUKKI DISTRICT,
RESIDING AT THARAMANGALAM HOUSE, KUTHUMKAL P.O.,
RAJAKKAD, IDUKKI, PIN - 685 566.
BY ADVS.
SRI.NAVEEN.T
KUM.CHITHRA CHANDRASEKHARAN
SRI.V.S.ABHISHEK
SHRI.BIJI A MANIKOTH
SHRI.SHIBU JOSEPH KOTTAYIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR
IDUKKI, OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, PAINAVU, PIN - 685 603.
3 THE TAHSILDAR
TALUK OFFICE, UDUMBANCHOLA, OFFICE OF THE TAHSILDAR,
UDUMBANCHOLA TALUK OFFICE, IDUKKI DISTRICT 685 554.
4 THE SPECIAL DEPUTY TAHSILDAR (RR)
THE KERALA STATE FINANCIAL ENTERPRISES,
MADUKANI CENTRE, MUTTAMBALAM P.O.,
KOTTAYAM, PIN - 686 004.
WP(C) NO. 3564 OF 2026
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5 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD.,
THOPRAMKUDY BRANCH, IDUKKI, PIN - 685 571.
6 GOPALAKRISHNAN NAIR M.B.
MARUVATHANKALHOUSE, MURIKKASSERY, VATHIKUDY VILLAGE,
IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685 604.
SRI. SALIL NARAYANAN K.A., SC,
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3564 OF 2026
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BECHU KURIAN THOMAS, J.
......................................................
W.P.(C) No. 3564 of 2026
...................................................
Dated this the 30th day of January, 2026
JUDGMENT
The limited relief sought for in this writ petition is for a direction to
respondents 2 to 5 not to recover any amount from the salary of the
petitioner pursuant to Ext.P7 prohibitory order.
2. Petitioner was a surety to the chity, subscribed by the 6 th respondent
from the 5th respondent. When the 6th respondent defaulted repayment
of the amount due under the chit transaction, proceedings were initiated
against the 6th respondent as well as the petitioner. As far as the
petitioner is concerned, proceedings were initiated to recover money
from his salary as per Ext.P11. In the meantime, the 6 th respondent
approached this Court in W.P.(C) No.48449/2025, and by judgment dated
22.01.2026 produced as Ext.P12, this Court granted a facility for
repayment in 20 equated monthly instalments commencing from
22.02.2026. It is specifically mentioned in the said judgment that in the
event of default of any one instalment, respondents therein will be at
liberty to initiate appropriate coercive proceedings. The petitioner being
a surety seeks directions to prevent recovery from him.
3. I have heard the learned counsel for the petitioner, the learned Standing
Counsel for the 5th respondent as well as the learned Government
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Pleader.
4. It is evident from Ext.P12 judgment that the subscriber to the chit has
been granted the benefit of repayment of total liability due as on
31.01.2026 in 20 equated monthly instalments. Since the subscriber to
the chit, who is the principal debtor, has been given the benefit of
repayment in instalments, the recovery proceedings against the
petitioner ought not to be proceeded with.
Hence, respondents 1 to 5 are directed to keep the revenue
recovery proceedings against the petitioner for the liability due from the
6th respondent in abeyance for a period of 20 months from today. It is
clarified that, if, in case the 6 th respondent commits default in
repayment, necessarily the 5th respondent will be at liberty to initiate
appropriate revenue recovery proceedings by intimating the same to
respondents 3 and 4.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/30/01/2026
WP(C) NO. 3564 OF 2026
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APPENDIX OF WP(C) NO. 3564 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED
5-7-2022 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
26-5-2023 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO.
DCIDK/5995/2023-A9 DATED 12-10-2023 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE NOTICE NO. 12/18-82 DATED
4-1-2024 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE NOTICE, RRC NO.
2024/2413/06 DATED 24-8-2024 ISSUED BY THE
4TH RESPONDENT UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT.
EXHIBIT P6 A TRUE COPY OF THE NOTICE, RRC NO.
2024/2413/06 DATED 24-8-2024 ISSUED BY THE
4TH RESPONDENT UNDER SECTION 34 OF THE
REVENUE RECOVERY ACT.
EXHIBIT P7 A TRUE COPY OF THE PROHIBITORY ORDER NO.
A/KTM/14904/2024-25 DATED 12-6-2025 ISSUED BY
THE 4TH RESPONDENT ADDRESSED TO THE 3RD
RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED
10-11-2025 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED
22-12-2025 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION NO.
DCIDK/5995/2023-A9 DATED 14-1-2026 ISSUED BY
THE 2ND RESPONDENT.
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EXHIBIT P11 A TRUE COPY OF THE ABOVE SALARY SLIPS FOR THE
MONTHS OF OCTOBER, NOVEMBER AND DECEMBER,
2025, OF THE PETITIONER.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 22-1-2026
IN WPC NO. 48449/2025 OF THIS HON'BLE COURT.
EXHIBIT P13 A TRUE COPY OF THE G.O.(P) NO. 101/2025/FD
DATED 13-8-2025 ISSUED BY THE GOVERNMENT.
