IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5934 of 2009(J) ------------------------------------------ PETITIONER(S): --------------------- N.A.ANDREWS, AGED 62 YEARS, S/O.N.A.ANTONY, RESIDING AT NEDUMPARAMBIL HOUSE, C.C.21/1752C, KUMBALANGHI VAZHI, COCHIN-6. BY ADV. SRI.P.K.SOYUZ RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION BUILDING, KAKKANAD, COCHIN-30. 2. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. 3. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS BRANCH MANAGER, KALOOR BRANCH. R2 & R3 BY STANDING COUNSEL SRI.M.M.SAYED MUHAMMED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 5934 OF 2009 J -------------------------------------- Dated this the 25th February, 2009 JUDGMENT Petitioner has approached this Court seeking to quash Ext.P2 and a direction is sought to recall the warrant issued against the petitioner pursuant to Ext.P2 show cause notice. 2. I heard Shri P.K. Soyuz, learned counsel for the petitioner, Shri M.M. Saidu Muhammed, learned standing counsel appearing for the respondent KFC, and also the learned Government Pleader. Admittedly, the petitioner had availed a loan. It is the case of the petitioner that the unit was sold and it is his further case that he is living with his younger son in a rented house and he has no income. Petitioner has been issued with Ext.P2 show cause notice in Form 19 indicating the grounds, which are that the petitioner is living in affluent circumstances and leading a life in good social status, but he is neglecting the remittance of arrears willfully. Learned standing counsel appearing for the respondent KFC, would point out that WPC.5934/09 J 2 the petitioner was asked to appear in person on 11.2.2009. Petitioner has submitted Ext.P3. According to petitioner, he had appeared through counsel. Learned Government Pleader points out that a final decision has not been taken so far. In such circumstances, the Writ Petition is disposed of as follows: Petitioner and his counsel shall be present at 11AM on 28.02.2009 before the first respondent District Collector. The first respondent will proceed to consider the objections and hear the submissions and any material that may be produced and a decision will be taken on the same. Petitioner relies on a decision of this Court in Bijilo Joseph v. District Collector, Kottayam (1974 KLT SN Case No.35). Following the same, it is ordered that the petitioner shall not be arrested unless and until the order is communicated to him. Sd/= kbk. K. M. JOSEPH, JUDGE