WP(C) NO. 2267 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 2267 OF 2015
PETITIONER/S:
DEVASIA MATHEW (SEBASTIAN)
AGED 66 YEARS
S/O.LATE DOMINIC MATHEW, MANNAMPLACKAL
HOUSE,VIZHIKKATHODU P.O., KOOVAPPALLY, KOTTAYAM
DISTRICT.
BY ADVS.
SRI.SANTHEEP ANKARATH
SRI.ARUN MATHEW VADAKKAN
RESPONDENT/S:
1 KERALA FINANCIAL CORPORATION
REPRESENTED BY ITS MANAGER, BRANCH OFFICE,KOTTAYAM -
686 001.
2 DEPUTY TAHSILDAR REVENUE RECOVERY
OFFICE OF THE DEPUTY TAHSILDAR,KERALA FINANCIAL
CORPORATION, KOTTAYAM -686 001.
3 DR.C.V.JAMES
M/S.SUKHODAYA RESORTS & AYURVEDIC PARK,MUNDAMPALLY
HOUSE, P.B.NO.15,KANJIRAPPALLY - 686 507, KOTTAYAM
DISTRICT.
4 DR.REETHA JAMES
W/O.DR.C.V.JAMES, MUNDAMPALLY HOUSE,SUKHODAYA NAGAR,
KANJIRAPPALLY - 686 507,KOTTAYAM DISTRICT.
BY ADVS.
SRI.K.JAJU BABU (SR.)
GOVERNMENT PLEADER
WP(C) NO. 2267 OF 2015 2
SMT.M.U.VIJAYALAKSHMI, SC, KERALA FINANCIAL
CORPORATION
M.R.VENUGOPAL
DHANYA P.ASHOKAN, SRI.ARUN SEBASTIAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2267 OF 2015 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 2267 of 2015
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Dated this the 20th day of May, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P2 in so far as it shows that the property of the petitioner in Re-sy. No. 242/14 of Koovappally village will be sold on 19.2.2015
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to proceed against the properties of respondents 3 and 4 and provide time for the petitioner to clear the balance arrears, if any, before proceeding against the properties of the petitioner.
(iii) Issue such other orders as are deemed fit and proper in the circumstances of the case." [SIC]
2. This writ petition is filed by the guarantor to a loan availed by the 3rd and 4th respondents. The 3rd and 4th respondents also filed a writ petition before this Court as W.P.(C.) No. 4586/2015, which was disposed by this Court recording the submission of respondent Nos. 3 and 4 that the matter is settled with KFC and they were given time to pay the WP(C) NO. 2267 OF 2015 4 amount. In the light of the same, no further order is necessary in this writ petition. The statement of respondent Nos. 3 and 4 that the amount will be paid by them as directed by KFC is recorded.
Therefore, this writ petition is closed recording the submission of respondent Nos. 3 and 4.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 2267 OF 2015 5 APPENDIX OF WP(C) 2267/2015 PETITIONER EXHIBITS EXT.P-1: TRUE COPY OF NOTICE NO.16-9/09 DATED 24.3.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P-2: TRUE COPY OF SALE NOTICE NO.K- 9/2009 DATED 1.1.2015 ISSUED BY THE 2ND RESPONDENT UNDER SEC. 49(2) OF THE REVENUE RECOVERY ACT.