Allowed

Sathyadas v. Conservator of Forest

Kerala HC8 Nov 2023WP(C)/12761/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged recovery from his salary for 82 months as a guarantor for a loan availed by the 4th respondent. Recognizing that extensive attachment renders further recovery impermissible, the High Court allowed the petition and directed cessation of deductions from the petitioner's salary.

What did the court decide?

Directed that no further recovery shall be made from the salary of the petitioner, but liberty reserved to KSFE to proceed against the 4th respondent.

Sathyadas Vs Conservator of Forest — Kerala HC (2023) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945

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WP(C) NO. 12761 OF 2023

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PETITIONER:

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SATHYADAS

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AGED 46 YEARS
S/O. SIMONKUTTY, SHALEM HOUSE, CHILAMPARA, MANCHANCODE
P.O., THIRUVANANTHAPURAM, NOW WORKING AS LINEMAN GRADE-
II, ELECTRICAL SECTION, KSEB, KESAVADASAPURAM, PIN -
695125

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BY ADV R.GOPAN

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RESPONDENTS:

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1 CONSERVATOR OF FOREST AGASTHYAVANAM BILOGICAL PARK, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

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2 WILDLIFE WARDEN WILDLIFE DIVISION, P.T.P. NAGAR, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN - 695013

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3 THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD., MANDAPATHIKADAVU BRANCH, KATTAKADA, THIRUVANANTHAPURAM, PIN - 695572

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4 SUGANTHAKUMAR SENIOR CLERK, OFFICE OF THE ASSISTANT WILDLIFE WARDEN, NEYYARDAM, RESIDING AT FOREST QUARTERS, THIRUVANANTHAPURAM, PIN - 695572

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5 SPECIAL DEPUTY TAHSILDAR (R.R) ( TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. P.C.ANIL KUMAR SRI P C ANILKUMAR-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12761 OF 2023

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JUDGMENT

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The petitioner is stated to be the guarantor
for a loan availed by the 4th respondent from the
Kerala State Financial Enterprises Ltd.(KSFE). He
says that 4th respondent is a Government servant
and that he had only helped him in availing a
“Chitty” from the KSFE; but that for this, he is
now being penalized, having had to suffer 82
months of attachment on his salary. He contents
that it is legally impermissible for attachment
of his salary to be continued for over 82 months;
and therefore, that he has been constrained to
approach this Court through this writ petition.

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2.The learned Standing Counsel for the

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‘KSFE’, in response, conceded that salary from
the petitioner has been attached and recovered at

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the rate of Rs.5,000/- per month from 2015. He
submitted that, however, the loan liability of

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WP(C) NO. 12761 OF 2023

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the 4th respondent has not been yet satisfied;

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and also conceded that he will obtain large

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amounts as pensionary benefits, when he is to
retire.

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afore admissions of the KSFE, but that there is
great force in the submissions of the petitioner
because, when he has already suffered 82 months
of continuous recovery from his salary, any
further would be impermissible and contrary to
the provisions of the Code of Civil Procedure.

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4.Since the KSFE does not contest the

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afore, I am certainly of the view that recovery

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from the salary of the petitioner cannot be

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allowed to continue any further; though, they

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will be at full liberty to move against the 4th
respondent appropriately, particularly because he

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is stated to be working as a Senior Clerk and

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WP(C) NO. 12761 OF 2023

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also because the KSFE has issued Ext.R3(c) notice
to his employer not to release any retiral
benefits to him. Obviously, the balance of the
loan amount has been properly secured.

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In the afore circumstances, I allow this writ
petition and direct that no further recovery
shall be made from the salary of the petitioner;
but with liberty being reserved to the KSFE to
proceed against him in future; however, as per
law and following due procedure, if the loan
account is not satisfied, even after proceeding
against the 4th respondent, based on Ext.R3(c).

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 Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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WP(C) NO. 12761 OF 2023

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APPENDIX OF WP(C) 12761/2023

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PETITIONER’S EXHIBITS:

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Exhibit P1TRUE COPY OF THE RECOVERY DETAILS IN RESPECT
OF PETITIONER'S SALARY ISSUED BY THE
ELECTRICLA DIVISION, PEERMADE.
Exhibit P2TRUE COPY OF SALARY CERTIFICATE ISSUED BY
KERALA KERALA STATE ELECTRICITY BOARD
Exhibit P3TRUE COPY OF NOTICE NO. NCL 233 DATED
26.11.2022 ISSUED BY THE KERALA STATE
FINANCIAL ENTERPRISES
Exhibit P4TRUE COPY OF STATEMENT DATED 7.2.2023 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P5TRUE COPY OF THE SALARY SLIP OF THE PETITIONER
IN JANUARY 2023
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED 1.4.2023
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P7TRUE COPY OF THE REPRESENTATION DATED 1.4.2023
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
Exhibit P8THE PHOTOCOPY OF THE RECOVERY STATEMENT OF
PETITIONER'S SALARY DATED 20/07/2023
Exhibit P8TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED
11.10.2023 ISSUED BY THE SPECIAL DEPUTY
TAHSILDAR (RR), NEYYATTINKARA
Exhibit P9THE PHOTOCOPY OF THE RECOVERY STATEMENT OF THE
4TH RESPONDENT DATED 24/05/2023
RESPONDENTS’ EXHIBITS:
Exhibit R1(a)TRUE COPY OF THE LETTER DATED. 25.1.2020
ISSUED BY THE BRANCH MANAGER, KSFE,
MANDAPATHINKADAVU BRANCH
TRUE COPY OF GO(P). 9/21/FINANCE DATED.
13.1.2021.
Exhibit R1(b)TRUE COPY OF THE LETTER DATED. 19.10.20 ISSUED
BY THE BRANCH MANAGER, KSFE TO WILDLIFE WARDEN
Exhibit R1(c)TRUE COPY OF THE REPRESENTATION DATED. 29.5.22

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WP(C) NO. 12761 OF 2023

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SUBMITTED BY THE PETITIONER
Exhibit R1(d)TRUE COPY OF GO(P).9/21/FINANCE DATED.
13.1.2021.
Exhibit R1(e)TRUE COPY OF THE LETTER NO. D.NO. 127/23 DATED
4.2.23 OF THE FAMILY COURT, NEDUMANGADU.
Annexure R3(a)A TRUE COPY OF THE SALARY CERTIFICATE DATED
09.01.2014
Annexure R3(b)A TRUE PHOTOCOPY OF THE LETTER DATED
04.10.2023
Annexure R3(c)A TRUE PHOTO COPY OF THE PROHIBITORY NOTICE
DATED 27.10.2023

Sathyadas v. Conservator of Forest

Case brief

What is this about?

What did the court decide?

Sathyadas v. Conservator of Forest

Case brief

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What did the court decide?

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