IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 28768 of 2010(U) -------------------------- PETITIONER(S): ---------------------- GRACEAMMA, AGED 57 YEARS, D/O. LATE V.K.GEORGE, VAZHUTHENAPILLY HOUSE, KARAKURISSI, NOW RESIDING AT C/O. FLOYD JOSEPH, CHEERAN HOUSE, S.N.NAGAR, KALMANDAPAM, PALAKKAD-678 595. BY ADV. SRI.ROY THOMAS SRI.JOHN JOSEPH (ROY) RESPONDENT(S): ------------------------ 1. KERALA FINANCIAL CORPORATION, REP. BY THE MANAGING DIRECTOR, K.F.C., THIRUVANANTHAPURAM, PIN-695 023. 2. BRANCH MANAGER, KERALA FINANCIAL CORPORATION, PERUMBAVOOR BRANCH, PERUMBAVOOR, PIN-683 540. 3. DEPUTY TAHSILDAR (R.R.), K.F.C. BRANCH OFFICE, PALAKKAD, SULTHANPETTA-678 001. 4. JAIMON S., (PEON, HARITHA FOODS & BEVERAGES), POOMKAVANAM HOUSE, PANIYELI P.O., PERUMBAVOOR-683 546. 5. JOY VARGHESE, CO-OBLIGANT, HARITHA FOODS & BEVERAGES), PANDIKUDY HOUSE, VENGOOR P.O., PERUMBAVOOR-683 542. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 & R2 GOVERNMENT PLEADER MR.M.A.ASIF FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 28768 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the notice dated 26.4.2000. Ext.P2 :- Copy of the paper publication appeared in Malayala Manorama daily dated 3.9.2010. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 28768 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2010 J U D G M E N T The petitioner is the widow of one Mr. V.K. George who stood as surety to the 4th respondent for availing loan from the first respondent. Failure on the part of the 4th respondent to effect repayment towards the loan account constrained the first respondent to initiate action for recovery. This writ petition has been filed mainly with a prayer to issue a writ of prohibition restraining the 3rd respondent from conducting auction sale of the immovable properties mentioned in Ext.P2 before taking coercive steps against respondents 4 and 5 and their mortgaged properties, for recovering the amount of liability of the 4th respondent. Admittedly, the petitioner's husband was a surety to the 4th respondent for the purpose of availing a loan. The respondents have filed a statement in this writ petition. The respondents have stated therein that they were unaware of the existence of legal heirs and that was why they took steps WPC.28768/2010 : 2 : for auction sale as contemplated under Ext.P2 without notice to the legal heirs. It is further made clear therein that they would take further steps only with notice to the legal heir of the surety, Sri V.K. George, the second co-obligant, viz; the petitioner. This is recorded. Accordingly, this writ petition is closed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge