IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21878 of 2009(D) -------------------------- PETITIONER: --------------- CHACKO CHERIAN, S/O.LATE PUNNOOSE CHACKO NEDUMPETTIYIL HOUSE, KURICHY VILLAGE AND POST, KOTTAYAM DISTRICT. BY ADV. MR. P.KURUVILLA JACOB RESPONDENTS: --------------- 1. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., BRANCH NO.2, NAGAMPADOM, KOTTAYAM. 2. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES LTD., M.D.COMMERCIAL CENTRE, KOTTAYAM-1. 3. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., REGISTERED OFFICE, MUSEUM ROAD, THRISSUR-680 020. BY STANDING COUNSEL MR. M.C. SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 21878 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of August, 2009 JUDGMENT The petitioner is before this Court, challenging the recovery proceedings particularly in view of the sale notified to be held on the 8th of this month for realization of the amount allegedly due from the petitioner. The case of the petitioner is that, all the relative aspects as projected in the Writ Petition have already been highlighted by filing Ext.P11 representation before the first respondent and that the same is pending. The learned counsel for the petitioner submits that, the petitioner is ready and willing to clear the liability on the basis of the order to be passed by the first respondent in Ext.P11. 2. Heard the learned standing counsel appearing for the respondents as well. 3. After considering the facts and circumstances, the first respondent is directed to forward a statement as to the actual facts and figures, along with Ext.P11 to the third respondent and on receipt of the same, the third respondent shall consider the said representation and pass appropriate orders thereon in accordance with law, of course after giving an opportunity of hearing to the petitioner. The coercive proceedings, stated as being pursued against the petitioner shall stand stayed, subject to the condition that, the petitioner deposits a sum of WP (C) No. 21878 of 2009 : 2 : Rs.1 lakh on or before the 7th of this month. The satisfaction of the further liability shall be subject to the outcome and in the manner to be specified by the 3rd respondent, upon passing appropriate orders on Ext.P11 as stated hereinbefore. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd