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. 28151 of 2008(B) ----------------------------------------------- PETITIONER: ------------------ M.K. SASI, AGED 43 YEARS, S/O. KUTTAN, MANAPARAMBIL HOUSE, PALATHURUTHU, CHENDAMANGALAM, NORTH PAROOR. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: ----------------------- 1. THE KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, KALOOR, REPRESENTED BY ITS CHIEF MANAGER. 3. DEPUTY TAHSILDAR (RR), KFC, ERNAKULAM, KOCHI - 17. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.9.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 28151 OF 2008 B -------------------------------------- Dated this the 22nd September, 2008 JUDGMENT Petitioner is a Scheduled Caste belonging to Padanna Community. Petitioner challenges Ext.P4. He had availed a loan from the Kerala Financial Corporation. According to petitioner, he had applied for the benefit under the One Time Settlement Scheme and an amount of Rs.1,60,000/= was fixed. According to petitioner, he could not repay the amount on account of financial difficulties. Now he is faced with Ext.P4 under which his property is about to be sold on 23.9.2008. The Writ Petition is filed on 22.9.2008. According to petitioner, the ten cents of property now proposed to be sold is the sole property of the petitioner and his entire family. The said property was obtained by the father of the petitioner as kudikidappu right, and the petitioner, his wife, his aged and ailing mother and unmarried sister are residing in the house and they would be deprived of their livelihood and residence. WPC.28151/08 B 2 Petitioner has preferred Ext.P5. I heard the learned counsel appearing for the respondent KFC also. I feel that a decision can be ordered to be taken on Ext.P5 and also the sale pursuant to Ext.P4 can be kept in abeyance for a period of one month on condition that the petitioner pays a sum of Rs.15,000/= (Rupees Fifteen Thousand) prior to the time of the sale. Accordingly, the Writ Petition is disposed of as follows: If the petitioner deposits a sum of Rs.15,000/= (Rupees Fifteen Thousand) before the time of sale mentioned in Ext.P4, the second respondent will consider and take a decision on Ext.P5 in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment and the sale pursuant to Ext.P4 will be put off for a period of six weeks. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge