IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 9482 of 2006(D) ------------------------- PETITIONER: ------------ A.R.RAMA KAMATH, ALUNGAPARAMBIL HOUSE, 5/677, THODUPUZHA. BY ADV. SRI.V.C.JAMES SRI.DIPU JAMES RESPONDENTS: ------------- 1. THE KERALA STATE FINANCE ENTERPRISES LTD., THRISSUR, REP. BY ITS MANAGING DIRECTOR. 2. THE SENIOR MANAGER, BRANCH OFFICE, THE KERALA FINANCIAL ENTERPRISES LTD., THODUPUZHA. 3. THE SPECIAL DEPUTY TAHSILDAR, THE KERALA STATE FINANCIAL ENTERPRISES LTD., M.D.COMMERCIAL CENTRE, KOTTAYAM. BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE ISSUED BY R3. P2: TRUE COPY OF PETITION DT.22.3.2006 BEFORE R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.9482 of 2006 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT The W.P. was filed more than two years back challenging recovery proceedings for recovery of arrears due from petitioner to KSFE. The petitioner's case is that loan is covered by property security and sale of property secured which is located in the town, will serve the purpose of recovery. This court on 29.3.2006 though granted stay against personal recovery against the petitioner and permitted respondents to proceed for sale of the mortgaged property, so far there is no confirmation from the respondents as to what happened pursuant to the interim order. If loan is covered by property security, then there will be direction to the respondents to sell the said property first and proceed for recovery against the petitioner only if there is any outstanding arrears. It is open to the petitioner to arrange for sale of the property by himself, if it is not already sold and settle liability and in that event, attachment and mortgage will be lifted after liability is settled. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms