IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WA.No. 1694 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.13502/2009 Dated 04/06/2009 .................... APPELLANT/PETITIONER: -------------------------- K.PARAMESWARA KURUP,S/O.KUNJAN NAIR, SURABHI,K.R.PURAM P.O.,CHERTHALA. BY ADV. SRI.BABU CHERUKARA RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DEPUTY TAHSILDAR (R.R), CHERTHALA TALUK,CHERTHALA. 2. KERALA KHADI AND VILLAGE INDUSTRIES BOARD,VANCHIYOOR,THIRUVANANTHAPURAM, REP.BY IT'S SECRETARY. R1 BY SR. GOVT. PLEADER, SMT.K.MEERA. R2 BY ADV. SRI.K.P. HARISH, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1694 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. This is the fourth attempt of the petitioner/borrower challenging the coercive steps taken by the 2nd respondent for recovery of a sum of Rs.33,85,380/-. In spite of entertaining his pleas right from the year 2002 in OP No.38227 of 2002, WP(C) No.18012 of 2008, WA No.242 of 2009 and giving some concessions, once again he has approached this Court with the same relief in the present impugned writ petition. 2. In spite of such indulgence shown earlier, the learned Single Judge deemed it fit to give one more opportunity to the petitioner/appellant and as a condition precedent he was directed to deposit a sum of Rs.5 lakhs in one month from the date of the order, i.e., 04.06.09, to show his bona fides and also find out a suitable purchaser for the property so as to annul the grievance that the 2nd respondent is selling the property undervalued. 3. Without complying with the direction of the learned Single Judge of depositing Rs.5 lakhs, the petitioner has WA No.1694 of 2009 -:2:- approached this Court again by filing this writ appeal. Even in the writ appeal this Court gave sufficient opportunity to the appellant to get a purchaser for the property and to approach the Court with the purchaser so as to save his property. In spite of sufficient time given, no purchaser is brought forth and again time is sought for getting a purchaser. On the face of what is stated above it appears to us that the only attempt of the appellant is to drag on the proceedings and on independent assessment of the entire facts situation and the case, we find that the order of the learned Single Judge is justifiable and hence we find no merit in the appeal and it is rejected. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku