IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31864 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ 1. V.R.VIJAYAMMA, AGED 57 YEARS, W/O.JAYAPRAKASH, KANDANKULATH HOUSE, NARANGANAM P.O., PATHANAMTHITTA. 2. V.R.SARASAMMA, AGED 70 YEARS, W/O.VIVEKANANDAN,KANDANKULATH HOUSE, NARANGANAM P.O., PATHANAMTHITTA. BY ADV. SRI.FRANCIS JOSEPH KURISINKAL RESPONDENT(S): ---------------------------- 1. K.F.C. LTD., PATHANAMTHITTA OFFICE, REPRESENTED BY ITS MANAGER, PAZHAMANNIL JESSY TOWER, PATHANAMTHITTA P.O., PATHANAMTHITTA, PIN -691 523. 2. THE DY.TAHASILDAR (RR), K.F.C.LTD., PATHANAMTHITTA OFFICE, PIN- 691 523. R1 BY ADV.SRI.A.A.ABDUL HASSAN,SC R2 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31864/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 05/09/2011 OF THE 2ND RESPONDENT. P1-A COPY OF THE NOTICE DATED 05/11/2011 OF THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.31864 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2011 J U D G M E N T The petitioners challenge revenue recovery proceedings initiated against the petitioners for recovery of loan amounts due from the petitioners to the 1st respondent. The petitioners do not dispute the liability to pay or the quantum. The petitioners submit that the petitioners are entitled to remission of interest under the One Time Settlement Scheme, which has not been considered. The property belonging to the petitioners were posted for auction on 13.10.2011. But the auction did not take place on that date since the offers received were too low. Therefore a fresh auction is scheduled on 30.11.2011. The petitioners are challenging the same. The petitioners seek facility to pay off the amounts in installments. This is opposed by the counsel for the Kerala Financial Corporation, who points out that the petitioners have not at any time approached the K.F.C. for One Time Settlement. It W.P.(C)No.31864 of 2011 -2- is also submitted that it is after satisfying themselves that the petitioners will not be able to pay the dues that they have resorted to the ultimate step of revenue recovery proceedings. The Court put it to the counsel for the petitioners as to whether they are prepared to pay at least 1/4th of the amount due as a condition for stay and facility to pay off the balance amount in installments, the counsel for the petitioners expresses inability to pay that amount even. That means, the petitioners are not in a position to find sufficient funds to pay off the amounts due. Then the only other alternative is to sell the properties belonging to the petitioners to recover the amounts due, which only is being done by the respondents. In the above circumstances, I am not inclined to entertain this writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/