IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 19303 of 2009(G) -------------------------- PETITIONER(S): --------------- PRASANNA RAJU, D/O.MATHUNNI, THEKKEMALA HOUSE, THEKKEMALA, VANCHITHRA MURI, KOZHENCHERRY VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION REP,BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, KEALA FINANCIAL CORPORATION, PATHANAMTHITTA BRANCH, PAZHAMANNIL JESSY TOWERS, COLLEGE ROAD, PATHANAMTHITTA. 3. ALICE MATHEW, AGED 53 YEARS, W/O.THOMAS MATHEW, THEKKEMALA HOUSE, THEKKEMALA VANCHITHRA MURI, KOZHENCHERRY VILLAGE, KOZHENCHERRY TALUK. R1 & R2 BY ADV. SRI.K.JAJU BABU,SC,KERALA FINANCIAL COR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19303 of 2009 ---------------------------------------- Dated this the 24th day of July, 2009. JUDGMENT A property mortgaged by the father of the petitioner, was taken possession of by the 3rd respondent in exercise of power under Section 29 of the Kerala Financial Corporation Act and it was advertised for sale on 22.2.2007. The petitioner's father Mathunni died on 28.1.2008. It seems that the proposed sale was adjourned on more than one occasion and ultimately, it was sold in favour of the 3rd respondent and a sale deed has also been executed by the Financial Corporation on 8.4.2009. This writ petition is filed essentially challenging the sale. 2. The petitioner approached the Sub Court, Pathanamthitta in O.S.No.132/09 in May for an ad interim injunction restraining the Corporation from W.P.(C).No.19303 of 2009 :: 2 :: registering the sale contending that the sale is vitiated and on such allegation the sale deed was liable to be set aside. It is up to the petitioner to approach the civil court for further reliefs. Subject to the above right of the petitioner, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge