IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 27146 of 2004(F) -------------------------- PETITIONER: ------------ K.K.BHAVANI, W/O.DR.T.K.SATHYADEVAN, THANNEKAL VEEDU, PARAKKADU VILLAGE, ARIMBUR, THRISSUR. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.SUNIL SHANKER RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRIESES REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, MUSEUM ROAD, THRISSUR. 2. THE DEPUTY TAHSILDAR (R.R.) K.S.F.E. THRISSUR - 20. 3. ANOOP, S/O.K.A.KRISHNAN, KANNAKULANGARA VEEDU, THANIPPADOM, CHUVANNAMANNU P.O. THRISSUR. BY ADV. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. FOR R1 R2 BY G.P. SRI.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SALE DEED IN FAVOUR OF PETIITONER(DOCUMENT NO.2711/1975) DT.27.12.1975. P2: TRUE COPY OF BASIC TAX RECEIPT EVIDENCING REMITTANCE OF BT FOR THE PROPERTY IN SY. NO.51/3 AND 51/4 DT.10.2.1999. P3: TRUE COPY OF POWER OF ATTORNEY DOCUMENT NO.172/93 GIVEN BY PETIITONER & OTHERS IN FAVOUR OF R3 DT.19.11.1993. P4: TRUE COPY OF LETTER BY R1 TO THE LAWYER OF THE PETITIONER DT.6.11.96. P5: TRUE COPY OF RECOVERY NOTICE ISSUED BY R2 TO THE PETITIONER, PROPOSING ATTACH AND SELL HER SELF ACQUIRED PROPERTIES DT.10.8.04. RESPONDENT'S EXHIBITS: R1A: TRUE COPY OF ENCUMBRANCE CERTIFICATE SHOWING THE SALE TRANSACTION. R1B: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN O.P. 7928/01. R1C: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN O.P. NO.31611/2002. R1D: TRUE COPY OF PLAINT IN O.S. NO.1890/98. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.27146 of 2004 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT Petitioner's grievance is that the self acquired property of the petitioner which was not mortgaged for the purpose of loan availed by the third respondent is proceeded against in recovery proceedings. Property mortgaged for the loan and property of the defaulter and the guarantor only could be attached and sold in recovery proceedings. The W.P. is accordingly disposed of directing the second respondent to peruse the documents pertaining to the properties under attachment and proceed for sale only if it belongs to the defaulter or surety or if the property is mortgaged. If petitioner is neither borrower nor surety and if her property is not mortgaged for the loan, such property should not be attached or sold in recovery proceedings. C.N.RAMACHANDRAN NAIR Judge pms