IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 5319 of 2004(G) ------------------------- PETITIONER: ----------------- NARAYANAN NAIR, KARUTHEDATH HOUSE, KUTTIKKATTOOR VILLAGE, KUNNAMANGALAM POST, KOZHIKODE. BY ADV. SRI.T.SETHUMADHAVAN SRI.K.JAYESH MOHANKUMAR RESPONDENTS: --------------------- 1. THE KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., P.N.32/349, THIHHARI ROAD, KANNUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE TAHSILDAR (R.R), KOZHIKODE. 3. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SMT.PRIYA MAHESH FOR R1 SMT.PRIYA MANJOORAN FOR R1 R2 & R3 BY GOVT.PLEADER SRI M.S.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2369/04 IN WPC.NO.531L9/2004 ------------------------ DISMISSED 1/9/2008 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENTS DTD.28/9/88 ISSUED TO THE PETITIONER (LR.NO.CR/IN/M4-26/88). EXT.P2 TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENTS DTD.7/3/95 (NO.1.D.P/PROF-M/2872/84-85) TO THE PETITIONER. EXT.P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENTS TO THE PETITIONER DTD.23/5/97. EXT.P4 TRUE COPY OF THE SALE NOTICE ISSUED U/S 49 OF THE R.R.ACT DTD. 10/12/2003 BY THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE HON'BLE REVENUE MINISTER BY THE PETITIONER DTD. NIL. EXT.P6 TRUE COPY OF THE ORDER OF THE HON'BLE REVEUE MINISTER DTD. 31/12/2003. EXT.P7 TRUE COPY OF THE STATEMENT GIVEN FROM THE OFFICE OF THE IST RESPONDENT DTD. NIL. EXT.P8 TRUE COPY OF THE NOTICE DTD. 24/1/2004 NO.17/96-97/MIS (ICHL) ISSUED BY THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITOINER BEFORE THE 2ND RESPONDENT DTD. 10/2/2004. P.R. RAMAN, J. = = = = = = = = W.P.(C) NO. 5319/2004 = = = = = = = = DATED THIS, THE 1ST DAY OF SEPTEMBER, 2008. J U D G M E N T Petitioner challenges Exts.P2, P4 and P8 and seeks for a direction to the first respondent to recalculate the amount claimed in Ext.P2, after giving notice to him. 2. It is contended that as per Ext.P2 the actual liability of his late father is less than Rs. 1,00,000/-, though in Ext.P2 an amount of Rs.2,55,818.23 is claimed by way of interest at the rate of 18%, which is stated to be unsustainable. Petitioner is the brother of one Viswanathan Nair who died on 7.2.2004. According to the petitioner, the property belong to both of them and hence on the death of Viswanathan Nair, the legal representatives ought to have been given notice. Ext.P8 notice is without issuing such notice to the legal representatives of deceased Viswanathan Nair and hence unsustainable in law. 3. This Court, by order dated 13.2.2004, granted a stay of confirmation of sale on condition that an amount of Rs. 1,00,000/- shall be paid by the petitioner, within a period of one week therefrom. It is pointed WP(C)5319/2004 :2: out by the learned Government Pleader that the said condition has not been complied with by the petitioner and hence he has flouted the order of this court. On that sole ground, this writ petition is dismissed. P.R. RAMAN, (JUDGE) knc/-