IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 25327 of 2008(M) ----------------------------------------------- PETITIONERS: --------------------- 1. CHINNAMMA KURIAKOSE, PALLATHUKUDI HOUSE, ADIMALI.P.O, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. 2. BABU P. KURIAKOSE, PALLATHUKUDI HOUSE, ADIMALI.P.O, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.THAMPAN THOMAS SMT.JANCY ALEX RESPONDENTS: ----------------------- 1. KERALA STATE FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL CORPORATION, KATTAPPANA,IDUKKI DISTRICT. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KFC, KOTTAYAM. ADDL.R.4. SHRI P.C. BAIJU, S/O. LATE P.P.CHANDRAN, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. ADDL.R5 SHRI P.C. RAJEEV, S/O. LATE P.P. CHANDRAN, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. ADDL.R6 MS. NALINI CHANDRAN, D/O. LATE P.P. CHANDRAN, PONGASSERY HOUSE, ADIMALI P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. WP(C).NO.25327 OF 2008 M. (ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER IN IA.NO.11903/08 DATED 22.9.2008). R1 TO R3 BY SHRI V.B. UNNIRAJ, SC, KFC. ADDL.R4 TO R6 BY ADV. SHRI JACOB CHACKO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 25327 OF 2008 M -------------------------------------- Dated this the 22nd September, 2008 JUDGMENT Petitioners are the wife and son of one late P.P. Kuriakose. The said P.P. Kuriakose stood surety and gave collateral security in respect of the loan taken by one late P.P.Chandran. There was an earlier round of litigation when recovery steps were taken by the first respondent and the petitioners filed W.P.(C). No.23612/07. That Writ Petition came to be disposed of by this Court by Ext.P4 Judgment by which this Court directed that the petitioners shall file a proper application for One Time Settlement and the petitioners were to comply with the formalities prescribed, such as, payment of ten per cent of the outstanding amount before the first respondent and the first respondent shall thereafter consider the application and pass appropriate orders in accordance with the Scheme, if any, in force. Recovery proceedings were directed to be kept in abeyance, if the petitioners file such application. The petitioners WPC.25327/08 M 2 filed W.A. No.2304/07, not being satisfied with Ext.P4 Judgment. The legal representatives of the principal debtor were arrayed as respondents 3 to 5 therein. They are additional respondents 4 to 6 in this Writ Petition. In Ext.P5 Judgment, this Court took note of the contention of respondents 4 to 6 that they would make application before the respondent Corporation for payment of the entire amount and, therefore, the learned counsel requested for modifying the orders and accordingly the Writ Appeal was disposed of directing, inter alia, that respondents 4 to 6 will make an application under the One Time Settlement Scheme which would be considered by the Corporation and till such time, the Corporation was not to proceed against the parties. Ext.P6 is a revenue recovery notice issued thereafter. Ext.P8 dated 31.5.2008 is the decision taken by the Kerala Financial Corporation which was intimated to respondents 4 to 6. It is stated therein that the amount of Rs.2.60 Lakhs offered is very low when compared to the balance amount outstanding (Rs.37.89 Lakhs) and the upset WPC.25327/08 M 3 value of the assets mortgaged and they were called upon to pay the entire dues (Rs.37.89 Lakhs). Respondents 4 to 6 thereupon filed W.P.(C). No.18597/08 which culminated in Ext.P9 Judgment of the learned Single Judge who directed the Kerala Financial Corporation to furnish petitioners therein a Statement of Account within two weeks from the date of receipt of a copy of the Judgment and it would be open to respondents 4 to 6 to approach the KFC for appropriate relief in the matter of repayment. It is in such circumstances that the petitioners have approached this Court seeking to challenge Exts.P6 and P7 revenue recovery proceedings and seeking a direction to the respondents to proceed against the machineries hypothecated or against the principal debtor and also seeking a direction to finalise the dues of the loan amount under the One Time Settlement Scheme as directed by this Court and also to reduce the interest levied more than that of the principal amount. 2. I heard the learned counsel appearing for the petitioner, learned standing counsel appearing for the respondent KFC and WPC.25327/08 M 4 also the learned counsel appearing for the additional respondents 4 to 6. Learned counsel for the respondent Corporation submits that actually the Statement showing the amounts due in terms of Ext.P9 Judgment is ready with the KFC and it is for the additional respondents 4 to 6 to go and collect the same and to work out their remedies in terms of Ext.P9 Judgment. In such circumstances, the Writ Petition is disposed of as follows: It is for the additional respondents 4 to 6 to approach the second respondent and collect the Statement of Accounts and thereafter to avail of the rights in terms of Ext.P9 Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge