IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 26108 of 2010 (K) -------------------------- PETITIONER: ------------------- MATHEW P.A., AGED 78 YEARS, S/O.ABRAHAM, PULLAMPILLIL HOUSE, KUNNAM, VECHUCHIRA P.O., RANNI. BY ADV. SRI.C.V.MANUVILSAN RESPONDENTS: --------------------- 1. THE DY.TAHSILDAR (RR) , OFFICE OF DY.TAHSILDAR (RR), KERALA FINANCE CORPORATION, PATHANAMTHITTA - PIN 689101. 2. THE KERALA FINANCE CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 695 033. 3. THE BRANCH MANAGER, THE KERALA FINANCE CORPORATION, KOTTAYAM BRANCH, CHELLIYOZHUKKAM LANE, KOTTAYAM - 686 001. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 01. 5. ANISH THOMAS, AGED 39 YEARS, S/O.LATE P.A.THOMAS, VALIYA THANNICKAL HOUSE, ERAVIPEROOR P.O., THIRUVALLA, PIN - 689 542. ADDL.R6. IMPLEADED ---------------------------------- ADDL.R6. SHAHUL HAMEED, CV HOUSE, ADIKKATUKULANGARA P.O. , PALAMEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA 690 504; ADDL.R6 IS IMPLEADED AS PER ORDER DT. 8.9.10 IN IA. 12389/10. R1 BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN R2-3 BY SRI.A.A.ABUL HASSAN, SC, KFC ADDL. R6 BY ADV. SRI.RASHEED C. NOORANAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, ALONG WITH WPC NO. 26643 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J ------------------------------------------------- W.P(C) No.26108/2010 & 26643/2010 -------------------------------------------------- Dated this the 8th day of November, 2010. J U D G M E N T Petitioner in W.P(C) No.26643 of 2010 is the proprietor of small scale industrial unit, which availed a loan from the respondent Corporation. The petitioner in W.P(C) No. 26108 of 2010 is the guarantor with respect to the said loan transaction, and the property belonging to him was mortgaged in order to secure the loan. Challenge in both these writ petitions is against Ext.P2 notice of sale proclamation, through which steps for sale of the immovable property was initiated under the provisions of the Kerala Revenue Recovery Act, and sale of the property was conducted on 23.7.2010. It is contended that, when the sale proclamation was published the petitioners have approached the respondent and requested for providing some time for payment of the arrears through 'One Time Settlement'. But without considering such requests, the property was sold on 23.7.2010 for an amount of `13.20 W.P(C) No.26108/2010 & 26643/2010 2 lakhs. According to the petitioner the property in question is worth more than `62.50 lakhs and the sale was conducted for too meager an amount. The petitioners have sought stay of all further proceedings for confirmation and issuance of sale certificate. 2. On 20.9.2010 when the writ petition came up for consideration, this Court issued an interim order to maintain status quo and the petitioners were directed to implead the auction purchaser. Subsequently by order dated 8.9.2010 the petitioners were directed to make payment of a sum of `13.50 lakhs in order to show bonafides of the contentions raised. 3. In a statement filed on behalf of the respondent Corporation it is mentioned that the loan in question was availed as early as in the year 1997. A term loan of `60,00,000/- and a work capital loan of `1 lakh was sanctioned to the borrower and there was chronic default in repayment of the loan amounts. It is mentioned that on the W.P(C) No.26108/2010 & 26643/2010 3 basis of requests of the parties re-scheduling was allowed on 30.3.2010 and even thereafter they had neglected to pay the loan amounts. The industrial assets were taken over possession under Section 29 of the State Financial Corporation Act and on remittance of a sum of `80,000/- the same was released on 2.3.2010. But they failed to honour the commitment and accordingly the revenue recovery steps were initiated. The property in question, which is the collateral security was sold for a sum of `13.15 lakhs in public auction. It is mentioned that the petitioners have never approached the Corporation with any proposal for 'One Time settlement', and the balance outstanding as on 16.9.2010 is `60.05 lakhs. 4. On the basis of the interim direction issued by this Court, the petitioners have remitted a sum of `13.50 lakhs. It is taken note of that the extent of the land sold in auction is about 2.50 Acres and the price at which it was sold is evidently too low. Under such circumstances through an W.P(C) No.26108/2010 & 26643/2010 4 interim order dated 21.10.2010 this Court directed the respondent Corporation to treat the sale conducted on 23.7.2010 as cancelled. The bid amount deposited by the sixth respondent was directed to be returned along with interest calculated thereon at the rate of 18% per annum from 26.8.2010 onwards, till payment. The respondent was directed to deduct the portion of interest to be paid to the sixth respondent from the amount of Rs.13.50 lakhs deposited by the petitioners and the balance amount was directed to be credited in the loan account. 5. When the matter was taken up for consideration on today, it is submitted by both sides that in compliance with the order dated 21.10.2010 the Corporation had returned the amount deposited by the auction purchaser along with interest as ordered. It is further stated that the balance amount deposited by the petitioners had already been credited to the loan account. 6. Under the above circumstances, I am of the view W.P(C) No.26108/2010 & 26643/2010 5 that no further issue survives for consideration in these writ petitions. Learned counsel for the petitioners sought direction for consideration of the request for 'One Time Settlement' of the balance outstanding in the loan account. Needless to say that the petitioners will be at liberty to approach the appropriate authority in the respondent Corporation seeking 'One Time Settlement'. It is for the authority of the Kerala Financial Corporation to consider such request if any made, subject to availability of any Scheme for settlement and subject to eligibility of the petitioner under such scheme. If loan transactions involved in these cases. If the petitioners make any such approach within a period of three weeks from the date of receipt of a copy of this judgment, the same shall be considered by the appropriate authority under the second respondent Corporation and a decision thereof shall be taken and communicated to the petitioners, at the earliest possible, at any rate within a period of one month from the date of W.P(C) No.26108/2010 & 26643/2010 6 receipt of such request. 7. In order to facilitate the petitioners to make approach as directed above and for the Corporation to take a decision thereof, further steps of recovery recovery shall be kept in abeyance for a period of two months from the date of receipt of a copy of this judgment. The writ petitions are disposed of with the above observations. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab