Devasia Mathew vs Kerala Financial Corporation
2022 Latest Caselaw 5478 Ker

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
                  --------------------------------------------
                      W.P.(C.) No. 2267 of 2015
                     --------------------------------------
                 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

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

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.