IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 28254 of 2010(F) -------------------------- PETITIONER(S): --------------- BINU K.MATHEW, S/O.LATE T.K.MATHEW, THOOMPUNKAL VEETTIL, VENNIKKULAM P.O. BY ADV. SRI.SANTHOSH MATHEW RESPONDENT(S): --------------- 1. DY.TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, PATHANAMTHITTA. PIN - 689 645 2. KERALA FINANCIAL CORPORATION, BRANCH OFFICE, PATHANAMTHITTA PIN - 689 645 3. B.MOHANKUMAR, KAMBIMELETHIL VEEDU, KALANJOOR P.O., KALANJOOR VILLAGE, ADOOR TALUK. PIN - 689 645. 4. VIJAYAKUMARAN NAIR, VINAYAKA BHAVAN, MURINJAKAL P.O., KOTTAYAM. PIN - 686 001 5. GEETHA VIJAYAKUMARAN NAIR, W/O VIJAYAKUMARAN NAIR, RESIDING AT DO. DO. PIN - 686 001 BY GOVT. PLEADER SRI.BIJOY CHANDRAN ADV. SRI.A.A.ABUL HASSAN, SC, KFC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No. 28254 of 2010-F ---------------------------- Dated this the 5th day of October, 2010. J U D G M E N T The petitioner claims to be a bonafide purchaser of a property having an extent of 19 ares and 70 sq.meters comprised in R.S.No.120/5 in Block No.31 of Pathanamthitta District. The property was purchased in the joint name of petitioner, his father and the fourth respondent. The vendors of the property had purchased the same from the third respondent, by virtue of sale Deed No.1075 of 2004. 2. It is revealed that the third respondent had created a mortgage with respect to the property, in favour of the second respondent, before the sale of the property, for securing a loan availed. Consequent to default committed in repayment of the loan, recovery steps were initiated and Ext.P2 notice was issued under the provisions of the Kerala Revenue Recovery Act proclaiming sale of the property. Contention of the petitioner is that, the steps were initiated without issuing any notice or intimation to the petitioner. It is stated that if the property is sold, it will cause irreparable loss and injury to the petitioner. Hence the petitioner seeks direction to W.P(C) No. 28254 of 2010-F 2 restrain recovery steps, on expressing willingness to wipe off the liability due to the second respondent. 3. In a statement filed on behalf of the second respondent, it is mentioned that a working capital loan to the tune of Rs.10,00,000/- was sanctioned to a firm to which the persons who had sold the property to the petitioner were partners. It is stated that consequent to default committed in repayment of the loan, revenue recovery steps were initiated and inspite of repeated notices the borrowers have not cared to settle payment. Contention of the second respondent is that the petitioner is not a party as far as the loan transaction is concerned and she has no right to challenge the recovery steps. Under the above circumstances the second respondent is not favouring in permitting the petitioner to pay off the liability in instalments. 4. Having considered facts and circumstances, I am of the opinion that eventhough interference on merit is not possible, the petitioner can be permitted to pay off the entire liability within a short period. Pursuant to an interim order issued by this Court on 13.9.2010 the petitioner had already remitted a sum of Rs.50,000/-. According to learned counsel for the petitioner, she W.P(C) No. 28254 of 2010-F 3 is ready to pay off the entire balance amount within six months. 5. Under the above circumstances, the writ petition is disposed of directing the respondents 1 and 2 to keep in abeyance further coercive steps pursuant to Ext.P2 notice, provided the petitioner remits the entire balance amount to respondents 1 and 2 in 6 (six) equal monthly instalments falling due on or before 30.11.2010 and on or before the last day of succeeding months. 6. It is further directed that on settlement of the entire payment, the respondents 1 and 2 shall release the title deeds with respect to the property in question to the petitioner. 7. It is made clear that on the event of default in payment of any of the instalments the respondents 1 and 2 will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings, either before this Court or before any other forum. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// ab P.A to Judge W.P(C) No. 28254 of 2010-F 4