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Kerala High Court
Sumin T S vs The Secretary on 30 March, 2026
WP(C) NO. 12238 OF 2026 1 2026:KER:28477
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 12238 OF 2026
PETITIONER/S:
1 SUMIN T S
AGED 38 YEARS
S/O. SUNDARAN T K,
THEKKENEELIYATH HOUSE,
UDAYAMPEROOR NADAKKAVU.P.O.,
MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682307
2 BINU C.P
AGED 38 YEARS
S/O. PURUSHOTHAMAN M.K,
CHIRAPPURATH HOUSE,
UDAYAMPEROOR KULIYETTIKARA.P.O.,
AMBALLOOR VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682315
BY ADVS.
SRI.SAM ISAAC POTHIYIL
SMT.S.SURAJA
SMT.K.V.SAMUDRA
SHRI.MUHAMMED SUHAIR C.A
RESPONDENT/S:
1 THE SECRETARY
CHOTTANIKKARA GRAMAPANCHAYATH,
CHOTTANIKKARA P.O,
WP(C) NO. 12238 OF 2026 2 2026:KER:28477
ERNAKULAM DISTRICT,
PIN - 682312
2 THE SECRETARY
AYYANKUNNU GRAMAPANCHAYATH,
ANGADIKADAVU,
KANNUR DISTRICT,
PIN - 670706
3 BHASURADEVI T.K
AGED 57 YEARS
W/O T.S.PANKAJAKSHAN,
THEREKKAL HOUSE, MANAKKUNNAM,
NADAKKAVU.P.O., MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682307
4 SREELAL PANKAJAKSHAN
AGED 30 YEARS
S/O. T.S.PANKAJAKSHAN,
THEREKKAL HOUSE, MANAKKUNNAM,
NADAKKAVU.P.O., MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682307
5 T.S REMADEVI
AGED 56 YEARS
D/O. SREEDHARAN,
THEREKKAL HOUSE,
MANAKKUNNAM, NADAKKAVU.P.O.,
MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682307
6 T.S.PANKAJAKSHAN
AGED 65 YEARS
S/O. SREEDHARAN,
THEREKKAL HOUSE,
MANAKKUNNAM, NADAKKAVU.P.O.,
MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682307
7 HARILAL PANKAJAKSHAN
AGED 26 YEARS
WP(C) NO. 12238 OF 2026 3 2026:KER:28477
S/O. T.S.PANKAJAKSHAN,
THEREKKAL HOUSE,
MANAKKUNNAM,
NADAKKAVU.P.O.,
MANAKKUNNAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682307
8 THE MANAGER
PEOPLE'S URBAN CO-OPERATIVE BANK LTD.,
THRIPUNITHURA BRANCH,
ERNAKULAM, PIN - 682301
9 THE MANAGER
UDAYAMPEROOR SERVICE CO-OP BANK LTD. NO. 747,
(UDAYAMPEROOR SCB) AT UDAYAMPEROOR,
ERNAKULAM, PIN - 682307
10 THE MANAGING DIRECTOR
KERALA STATE BACKWARD CASTE DEVELOPMENT
CORPORATION LTD.,
PIN - 682018
11 THE MANAGING DIRECTOR
KERALA WOMEN'S DEVELOPMENT
CORPORATION LTD. (KWDC),
GANDHINAGAR,
KADAVANTHRA, PIN - 682020
OTHER PRESENT:
SRI. NIRMAL.S (CHOTTANIKKARA), GOVERNMENT PLEADER
SRI CIBI THOMAS (SC), (AYYANKUNNU GRAMA
PANCHAYATH)
SMT. C.S SHEEJA (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12238 OF 2026 4 2026:KER:28477
JUDGMENT
The petitioners are admittedly persons who have executed
personal guarantees and have also entered into agreements
permitting recovery from their salaries towards liabilities under loans
availed by the party respondents from the financial institutions
impleaded as respondents 8 to 11. The petitioners have approached
this Court, being aggrieved by the fact that the substantial amounts
have been recovered from their salaries towards the settlement of the
liabilities of respondents 3 to 7 at the instance of the financial
institutions, namely respondents 8 to 11.
2. It is the case of the learned counsel appearing for the
petitioners that the party respondents are financially well-off and are
capable of paying the liability to respondents 8 to 11. It is submitted
that the petitioners have already filed a suit on the strength of a
promissory note, and the same is pending before the Subordinate
Judge's Court, Ernakulam as O.S.No.173 of 2025. It is further
submitted that the fourth respondent had issued a cheque to the first
petitioner, which has also been dishonoured.
3. The petitioners have, thus, approached this Court seeking
the following reliefs:
WP(C) NO. 12238 OF 2026 5 2026:KER:28477
"a) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondent to consider and dispose of Ext.P3 and P14
representation submitted by the petitioners
expeditiously as possible;
b) Stay the entire proceedings of Exhibit P8 issued by
the 9th respondent, Exhibit P7 issued by the 11 th
respondent and Exhibit P5 issued by the 10 th
respondent;
c) Direct the 8th respondent to stay the entire
procedure taken against the 1 st and the 2nd petitioner
pending disposal of the above case.
d) Pass an order directing the Hon'ble District Courts
to dispose the case on the basis of the evidence
adduced before the Trial Court.
e) Grant any other orders or direction as this Hon'ble
Court deem fit and necessary in the facts and
circumstance of the case; "
4. Having heard the learned counsel appearing for the
petitioners, the learned counsel appearing for the second respondent,
and the learned counsel appearing for the first respondent, I am of the
view that the petitioners are not entitled to any of the reliefs sought
for in the writ petition. Admittedly, they are guarantors for the
financial assistance availed by the party respondents from the
financial institutions, which are impleaded as respondents 8 to 11 in
the writ petition. It is also the admitted case of the petitioners that
they have already filed O.S.No.173 of 2025 seeking to recover the
WP(C) NO. 12238 OF 2026 6 2026:KER:28477
amounts they were called upon to pay on account of the default
committed by the party respondents. It is also the admitted case of
the petitioners that the cheque issued by the fourth respondent to the
first petitioner has been dishonoured, and that they have initiated
proceedings under Section 138 of the Negotiable Instruments Act,
1881 against the fourth respondent. It is settled law that a creditor can
proceed against the guarantor even to the exclusion of the principal
debtor, and the remedy, if any, of the guarantor would be to recover
the amounts he or she was called upon to pay on account of the
default by proceeding against the principal debtor and his assets. No
ground has been made out for interfering with the recovery
proceedings initiated by respondents 8 to 11.
The writ petition fails and is, accordingly, dismissed in
limine.
Sd/-
GOPINATH P., JUDGE
rkj
WP(C) NO. 12238 OF 2026 7 2026:KER:28477
APPENDIX OF WP(C) NO. 12238 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
28.10.2025
Exhibit P2 THE NOTICE ISSUED BY THE RAMAMANGALAM
GRAMAPANCHAYATH TO THE 1ST RESPONDENT
DATED 12.12.2025
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE 2ND PETITIONER DATE NILL
Exhibit P4 THE TRUE COPY OF THE LETTER BEARING
NUMBER 2017/2025 DATED 07.07.2025
Exhibit P5 THE TRUE COPY OF THE LETTER DATED
16.01.2026
Exhibit P6 THE TRUE COPY OF THE PROMISSORY NOTE
DATED 16.12.2024
Exhibit P7 THE TRUE COPY OF THE NOTICE DATED
22.04.2025
Exhibit P8 THE TRUE COPY OF THE RECOVERY NOTICE
ALONG WITH COVERING LETTER DATED
05.05.2024
Exhibit P9 THE TRUE COPY OF THE PROMISSORY NOTE
DATED 25.06.2025
Exhibit P10 THE TRUE COPY OF THE CHEQUE NO. 115018
FROM FEDERAL BANK'S UDAYAMPEROOR BRANCH,
DATED 26.06.2025
Exhibit P11 THE TRUE COPY OF THE RETURN MEMO DATED
27.06.2025
Exhibit P12 THE TRUE COPY OF THE ORIGINAL SUIT NO
Exhibit P13 THE TRUE COPY OF THE COMPLAINT DATED
14.08.2025
Exhibit P14 THE TRUE COPY OF THE REPRESENTATION
DATED 16.12.2025
