IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 W.P(C).No. 21122 of 2008(M) ----------------------------------- PETITIONER: -------------- C.BHASKARAN,S/O.KUNJIRAMAN NAIR, CHEEKKALLOORIDAM, KANIYAMPETTA.P.O, WAYANAD DISTRICT. BY ADV. SRI.VINOD J. DEV SRI.PRAMOD J. DEV RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE, STATE SECRETARIAT, THIRUVANANTHAPURAM 2. THE KERALA STATE FARMER`S DEBTS RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE KERALA STATE FINANCIAL ENTERPRISES, BHADRATHA, MUSEUM ROAD, THRISSUR-6820020, REPRESENTED BY ITS CHAIRMAN. 4. THE SPECIAL DEPUTY TAHSILDAR (RR), THE KSFE LTD., KALLAI ROAD, KOZHIKODE-2. BY GOVT. PLEADER, SMT. K.R. DEEPA ADV. SRI. M.L. SAJEEV, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 21122 OF 2008 (M) = = = = = = = = = = = = = = = Dated this the 14th day of July 2008 J U D G M E N T Revenue recovery proceedings initiated against the petitioner leading to Ext. P5 is under challenge. As is seen from Ext. P5, the mortgaged properties are scheduled to be sold today. The facts of the case show that the petitioner is a defaulter to the respondent company. Recovery proceedings were initiated and thereupon the petitioner moved the Kerala State Farmers Debt Relief Commission and thereafter filed the writ petition before this Court as W.P.(C) No. 2363/08. That writ petition was disposed of directing that further action against the property be deferred. It is seen that the petitioner did not succeed in obtaining orders from the Commission. Apparently, in the meanwhile he moved the company itself seeking waiver of a portion of the amount that is sought to be recovered. Referring to Ext. P3 learned counsel for the petitioner submits that the company has informed him that the matter has W.P.(C) No. 21122 OF 2008 - 2 - been referred to the Branch Manager concerned and the Deputy Tahsildar and that their response is awaited. The complaint is that while his request for waiver is pending as above, revenue recovery action is being continued. 2. As noticed, if the properties are sold before a final decision is taken in pursuance to Ext. P3 the petitioner will not be benefited in any manner. Therefore, it is only proper that the respondents defer further action against the petitioner until a decision is taken on Ext. P3. In view of the above, the writ petition is disposed of directing that the company shall take a decision on the request made by the petitioner mentioned in Ext. P3 as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. It is directed that in the meanwhile the sale that is scheduled in pursuance to Ext. P5 can go on, but shall not be confirmed. ANTONY DOMINIC JUDGE jan/-