IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 32753 of 2007(Y) -------------------------------------- PETITIONER(S): ----------------------- AJULA KRISHNAN, D/O.RAMAKRISHNA PILLAI, USHAS-D21, JUDGES ROAD KARAMANA P.O. THIRUVANANTHAPURAM. BY ADV. MR.A.K.HARIDAS MR.RAMACHANDRAN KUNNAPPILLY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY DEPUTY TAHSILDAR (RR) KAYANANOOR TALUK,ERNAKULAM DISTRICT. 2. GIC HOUSING FINANCE LTD., PTC TOWERS, THAMPANOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS AREA MANAGER. 3. JOTHIS KUMAR, S/O. THANKAPPAN NAIR, SREESHYLAM, T.K.DIVAKARAN ROAD, PATTOM EAST, PATTOM P.O., THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT.SMITHA. R2 BY ADV. MR.V.M.KUTTY MOOSA , MR.P.A.ABDUL JABBAR. R3 BY ADV. MR.D.KISHORE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32753/2007-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TITLE DEED. EXT.P2: COPY OF THE ORDER OF THIS HONOURABLE COURT IN WP(C) NO. 1765 OF 2006, DATED 06/03/2006. EXT.P3: COPY OF THE F.I.R.56/2007 OF PEROORKADA POLICE STATION. EXT.P4: COPY OF THE M.C.69/2007 PENDING BEFORE FMILY COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE LAWYER NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R2(b): COPY OF THE LAWYER NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R2(c): COPY OF THE POSTAL SHOWING THE SENDING OF NOTICE TO THE SENDING OF NOTICE TO THE PETITIONER. EXT.R2(d): COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R2(e): COPY OF THE POSTAL ACKNOWLEDGMENT SHOWING THE ACCEPTANCE OF THE NOTICE. EXT.R2(f): COPY OF THE POSSESSION NOTICE AFFIXED ON THE PETITIONER'S PREMISES. EXT.R2(g): COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR, ERNAKULM TO THE TAHSILDAR, KANAYANNUR WITH COPY TO THE 2ND RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32753 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th June, 2009. J U D G M E N T The petitioner claims to be the estranged wife of the 3rd respondent. It is submitted by the petitioner that proceedings are pending before the Family Court regarding their matrimonial relationship. While they were on good terms, both of them together had availed of Rs. 4,40,000/- from the 2nd respondent as house building advance for purchasing a flat. For non-payment of balance amounts due under the loan, the 2nd respondent has initiated proceedings for recovery of the same. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) to issue a writ of mandamus or any other appropriate writ or direction directing the 1st & 2nd respondents to proceed with the recovery only after giving due notice to the petitioner; (ii) to issue a direction to the 3rd respondent to relinquish his right over the property after receiving the amount paid by him or allow time to the petitioner to settle the matter with 3rd respondent; (iii) to issue a direction to the 2nd respondent to furnish the full details of payment to the loan.” 2. I have heard counsel. 3. As far as the first prayer is concerned, the 2nd respondent has, along with their counter affidavit, produced notices issued to the petitioner and therefore it cannot be held that the petitioner has not been given due notice before recovery. As far as the second prayer is concerned, this Court cannot direct the 3rd respondent to relinquish his right over the property after receiving the amount paid by him for purchasing the flat. In so far as the liability to pay is admitted, I do not think that the petitioner can validly challenge the W.P.C. No. 32753/07 -: 2 :- recovery proceedings . Therefore, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. However, in view of the peculiar facts and circumstances of the case, I am sure that the 2nd respondent would view the matter sympathetically while effecting recovery of the amounts due. Sd/- S. Siri Jagan, Judge. Tds/