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2026 Supreme(Online)(Ker) 6141

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
JAIJU MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NAVEEN.T KUM, CHITHRA CHANDRASEKHARAN, SRI.V.S.ABHISHEK, SHRI.BIJI A MANIKOTH, SHRI.SHIBU JOSEPH KOTTAYIL
For the Respondents: SRI. SALIL NARAYANAN K.A., SC, SRI. RAJEEV JYOTHISH GEORGE, GP

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 6th 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 6th 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 a

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