IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 9557 of 2005(K) ------------------------- PETITIONER: ------------ V. ACHUTHAN, AGED 72 YEARS, S/O. APPUKUTTY, VENNEKKOD HOUSE, MANALADI, POST THENKARA, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENTS: ------------- 1. THE VILLAGE OFFICER, MANNARKKAD NO.II VILLAGE, P.O. THENKARA, MANNARKKAD, PALAKKAD DISTRICT. ADDL. R2 IMPLEADED 2. PRADEEP, S/O. ACHUTHAN, AGED 38 YEARS, VENNAKAD HOUSE, MANALADI P.O., THENKARA, MANNARKKAD, PALAKKAD DISTRICT. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.04.2005 IN I.A. NO. 5552/2005) BY ADV. SRI. BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 9557/2005 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE DEMAND NOTICE DATED 17.09.2001. EXT.P2(a):- TRUE COPY OF THE TAX RECEIPT. EXT.P2(b):- TRUE COPY OF RATION CARD. RESPONDENTS' EXHIBITS:- EXT.R1(a) & EXT.R1(b): A TRUE COPY OF THE DEMAND NOTICES IN FORM NO. 1 & X. /True Copy/ P.A to Judge. C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 9557 of 2005 ------------------------------------ Dated, this the 7th day of April, 2008 J U D G M E N T The writ petition was filed by the petitioner challenging recovery proceedings for recovery of bank loan availed by his son. The learned counsel, who filed the writ petition, submitted that both petitioner and his son are no more. In the circumstances, this writ petition is closed as abated, leaving freedom to the respondent to proceed against the properties of the defaulter after issuing notice to the legal heirs for them to settle liability, or proceed for recovery. In any case, having regard to the fact that defaulter is no more, I direct the Bank to grant OTS benefit to the legal heirs, if they come forward for settlement of liability, and also grant reasonable time to settle liability. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg