Madras High Court
S.Mani vs P.Ramalingam on 15 July, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.R.P.No.3754 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
C.R.P.No.3754 of 2024
S.Mani ... Petitioner
Vs.
1.P.Ramalingam
2.The General Manager (CFA) & CPIO,
B.S.N.L. Tamil Nadu,
Hospital Road,
Cuddalore – 607 001. ... Respondents
Prayer : Civil Revision Petition filed under Article 227 of the Constitution
of India to direct the Principal District Judge, Kallakurichi, to number the
Execution Petition filed in E.P.SR.No.5764 of 2024 and to take the
Execution Petition on file, within the time frame to be stipulated by this
Court.
For Petitioner : Mr.K.Rajkumar
for Mr.R.Bharath Kumar
R1 : Unserved
For R2 : No appearance
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C.R.P.No.3754 of 2024
ORDER
Challenging the order of return made by the learned Principal District
Judge, Kallakurichi, dated 29.07.2024, in E.P.SR.No.5764 of 2025, filed by
the petitioner for attachment of the retirement benefits payable to the
judgment debtor on his voluntary retirement, the present revision has been
filed.
2.The petitioner/decree holder has presented the Execution Petition in
E.P.SR.No.5764 of 2024 to enforce the decree in O.S.No.43 of 2023 filed
for recovery of money, by attaching the amounts payable to the
defendant/judgment debtor on his voluntary retirement. However, the
Execution Court has returned the petition, since the judgment debtor has not
submitted his claim papers and the VRS opted by the judgment debtor is yet
to be confirmed and leave encashment alone can be attached. Challenging
the same, the present revision has been filed.
3.Learned counsel for the revision petitioner relied upon a judgment
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of the Andhra Pradesh High Court in Repeti Venkataramana v.
K.Venkateswara Rao Patnaik reported in (1994) ILLJ 732 SC to contend
that the amount payable under the voluntary retirement scheme is not
exempt from attachment under any of the provisions of Section 60(1) CPC.
4.I have perused the order of return.
5.The Execution Court, having come to the conclusion that GPF, ex
gratia and DCRG will come under exemption and leave encashment amount
alone can be attached, ought to have numbered the Execution Petition and
decided the issue on merits. The Execution Court cannot act as the
defendant or judgment debtor even before numbering the Execution
Petition. The issue as to whether all the amounts payable under the VRS
Scheme are attachable or not, has to be seen only in the context and nature
of the amounts payable. Even before numbering the Execution Petition, the
Execution Court cannot come to such conclusion.
6.In such view of the matter, this Civil Revision Petition is allowed
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and the order of return made by the Execution Court is set aside. The
Execution Court is directed to number the Execution Petition and decide the
same on merits and in accordance with law. No costs.
15.07.2025
Note : Registry is directed to return the original
copy of the Execution Petition filed along
with this Civil Revision Petition to the
learned counsel for the petitioner, for
presentation before the Execution Court.
mkn
Internet : Yes
Index : Yes / No
Speaking order : Yes / No
Neutral Citation : Yes / No
To
1.The Principal District Judge,
Kallakurichi.
2.The Section Officer,
VR Section,
High Court, Madras.
N. SATHISH KUMAR, J.
mkn
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15.07.2025
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