IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 34791 of 2010(Y) ---------------------------------- PETITIONER(S): ------------------- JUBY JOSEPH, AGED 40 YEARS, S/O.JOSE, RESIDING AT THOTTUPATTU (VETTUKALLU) HOUSE, KODIKULAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, PB NO.510, MUSEUM ROAD, THRISSUR-680020 THRISSUR P.O. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL CORPORATION LIMITED, THODUPUZHA MAIN BRANCH, THODUPUZHA P.O., IDUKKI DISTRICT, PIN-685584. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOTTAYAM, K.O.VARGHESE MEMORIAL BUILDING, BAKERY JUNCTION, KOTTAYAM-686001. 4. THE VILLAGE OFFICE, KODIKULAM, OFFICE OF THE VILLAGE OFFICER, KODIKULAM P.O., IDUKKI DISTRICT, PIN-685582. 5. T.K.ANI, S/O.KESAVAN, THURUTHEL HOUSE, KADIKULAM P.O., KODIKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN-685582. R1 TO R3 BY ADVS. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. SRI.M.A.SAJEEV, SC. R4 BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.34791 of 2010-Y ---------------------------------------- Dated this the 13th day of January, 2011. J U D G M E N T The petitioner is the guarantor with respect to a chitty subscribed by the 5th respondent, which is conducted by the respondents 1 and 2. Consequent to failure on the part of the 5th respondent in remitting the subscriptions, coercive steps of recovery were initiated, resorting to provisions contained under the Kerala Revenue Recovery Act. Exts.P2 and P3 are the notices issued under Section 7 and 34 of the Act respectively, threatening with coercive steps. The petitioner had submitted Ext.P4 representation to respondents 2 and 3 requesting to take effective steps of recovery against the 5th respondent, who is the principal defaulter. It was pointed out that the 5th respondent is having immovable property and that the amounts can be recovered by proceeding against such properties. Exts.P5 and P6 are the reply letters issued by respondents 2 and 3 stating that possible steps were already initiated against the W.P(C) No.34791 of 2010-Y 2 principal defaulter and that the petitioner had not pointed out any specific details regarding the immovable property owned by the 5th respondent. Through Ext.P7 letter submitted to respondents 2 and 3, the petitioner had specifically pointed out the details regarding the immovable property available in the possession of the 5th respondent, and requested respondents 2 and 3 to take effective steps against such property. Since coercive steps of recovery was proceeded against the petitioner without considering such request, this writ petition is filed. 2. It is noticed that, in compliance with the conditions stipulated in an interim order issued by this Court on 19.11.2010, the petitioner had remitted a sum of Rs.1,50,000/-. 3. Considering the contentions raised, I am of the view that the petitioner could not make any successful challenge against the liability, which is co-extensive with that of the 5th respondent. However, on an equitable basis it can be found that the respondents 2 and 3 are at an W.P(C) No.34791 of 2010-Y 3 obligation to take effective steps against the principal defaulter, especially in view of the fact that the petitioner had pointed out the details of the immovable properties available under ownership and possession of the said respondent. 4. Under the above circumstances, eventhough I am not inclined to interfere with the recovery steps initiated against the petitioner, I am of the view that interest of justice will be served if the respondents are restrained from continuing with coercive steps against the petitioner, till effective steps are taken for realising the amounts from the 5th respondent on the basis of the information furnished in Ext.P7. 5. Therefore, the writ petition is disposed of directing the respondents 2 and 3 to take effective steps against the immovable property, if any belonging to the 5th respondent, by attachment and sale of such properties, details of which are furnished through Ext.P7 letter. 6. In order to facilitate recovery from the properties W.P(C) No.34791 of 2010-Y 4 of the 5th respondent, further coercive steps against the petitioner which is initiated on the basis of Exts.P2 and P3 shall be kept in abeyance for a period of three months. 7. It is made clear that if no amount is recovered from the 5th respondent, the respondents will be at liberty to proceed against the petitioner. C.K.ABDUL REHIM JUDGE ab