In WP(C).No. 22399 of 2018, the Court held that where the petitioner claims the debt recovery is barred by limitation, the civil court has jurisdiction to decide the limitation plea. Consequently, the writ petition was closed.
Petitioner advised to approach Civil Court; writ petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940
WP(C).No. 22399 of 2018
PETITIONER/S:
MR.M.N.ANANDAN
AGED 55 YEARS
SON OF NARAYANA, MALANKARA HOUSE, NENMENI P.O., SULTHAN BETHERY WYNAD DISTRICT, KERALA
BY ADVS. SRI. JOSE KURIAKOSE (VILANGATTIL) SRI.BIJO FRANCIS
RESPONDENT/S:
1 ASSISTANT GENERAL MANAGER KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION DISTRICT OFFICE, PBM HOSPITAL BUILDING MEENANGADI, WAYANAD DISTRICT, KERALA 673 591
2 THE TREASURY OFFICER SUB TREASURY, KODUVALLY KOZHIKODE DISTRICT, KERALA 673001
3 THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER CIVIL STATION, KOZHIKODE, KOZHIKODE DISTRICT, KERALA 673001
4 MR. K.B. SUDHAKARAN AGED 55 YEARS, SON OF BHASKARAN, KARIMBANAL HOUSE, MALANKARA, NENMENI POST SULTHAN BATHERY, WAYANAD DISTRICT, KERALA 673592
OTHER PRESENT:
GP- SRI. BIJOY CHANDRAN SRI.M.SASINDHRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22399 of 2018
JUDGEMENT
Petitioner has filed this writ petition challenging the
proceedings for recovery from salary on the basis of a fact that the petitioner was a surety to a loan availed by the 4th respondent. As petitioner is claiming that the debt is barred by limitation, it will be open to the petitioner to move the Civil Court. The writ petition is closed accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
APPENDIX
PETITIONER'S/S' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE NO.120101653 DATED 30.4.2018.
RESPONDENT'S/S' EXHIBITS :
EXHIBIT R1(a) A TRUE COPY OF THE NOTICE DATED 26.2.2004 FOR RECOVERY FROM SALARY.
EXHIBIT R1(b) A TRUE COPY OF THE REPLY DATED 30.3.2004 TO EXT.R1(A). EXHIBIT R1(c) A TRUE COPY OF THE NEWSPAPER REPORT REGARDING THE PUNISHMENT MATHRUBHUMI DAILY.
EXHIBIT R1(d) A TRUE COPY OF THE REQUEST FOR RECOVERY FROM THE SALARY OF THE PETITIONER DATED 28.9.2015.
1 issue framed by the court
Whether writ jurisdiction is maintainable when the limitation defence is debatable.
M.N. Anandan
Assistant General Manager Kerala State Backward Classes Development Corporation
The Treasury Officer Sub Treasury, Koduvally
The District Scheduled Caste Development Officer, Civil Station, Kozhikode
K.B. Sudhakaran
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
