IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 4168 of 2004(U) ------------------------- PETITIONER: ------------ SREEKUMARAN NAIR, AGED 35 YEARS, S/O. KUNJAN PILLAI, MULAYIL VEEDU, NANNATTUKAVU, POTHENCODU, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SMT.RESHMI POULOSE RESPONDENTS: ------------- 1. THE MANAGER, K.S.F.E., BRANCH POTHENCODE, TRIVANDRUM. 2. THE SPECIALTAHSILDAR, REVENUE RECOVERY, K.S.F.E., STATUE, TRIVANDRUM. 3. THE MANAGING DIRECTOR, K.S.F.E., HEAD OFFICE THRISSUR. 4. THANKAMANIAMMA @ THANKAMMA, THANKADIYEL SREENILAYAM, NANNATTUKAVU, POTHENCODE, VEMBAYAM, TRIVANDRUM. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R1,R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 2.12.2003 EXT.P2 TRUE COPY OF THE NOTICE DATED 8.1.2004 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:; NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4168 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner is challenging recovery proceedings through attachment and sale of the property of the fourth respondent mortgaged to KSFE. Petitioner's claim is under agreement for purchase of mortgaged property. It is for the petitioner to settle arrears due to KSFE and then purchase the property or otherwise property can be sold in recovery proceedings. W.P. is disposed of leaving freedom to the KSFE to proceed for attachment and sale of property if the petitioner or defaulter does not settle liability immediately. (C.N. RAMACHANDRAN NAIR) Judge kk 2