IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38193 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. K.M.BABY ALIAS SARASWATHI, W/O.GOVINDAN, KALASANKANDI HOUSE, CHEMMANCHERY VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. SASINDRA RAJ.K, S/O.BABY ALIAS SARASWATHI, KALASANKANDI HOUSE, CHEMMANCHERY VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SRI.B.PREMNATH (E) SRI.MANJERI SUBIN SUNDER RAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOZHIKODE. 2. THE KERALA STATE FINANCIAL ENTERPRISES, KALLAI ROAD BRANCH, KOZHIKODE. 3. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY-KSFE, KALLAI ROAD, KOZHIKODE. 4. THE VILLAGE OFFICER, CHEMMANCHERY VILLAGE OFFICE, CHEMMENCHERY, KOYILANDY, KOZHIKODE. 5. ABOOBACKER, S/O.KHADER, KOODATHIL HOUSE, VENGALAM, ELATHUR, VIA.KOZHIKODE 673 303. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN SC FOR KSFE SRI. M.L.SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38193 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2008 JUDGMENT Petitioners' plea is in relation to certain proceedings of the Kerala State Financial Enterprises(KSFE). It appears that the first petitioner along with her daughter availed certain chitties and later a loan to repay the chitty amounts. Ext.P1 judgment was issued by this Court on 13.03.06 holding that, there is no sustainable argument against the recovery proceedings as the loan and the debt are admitted and the chitty was also abandoned. It was also therefore clarified that respondents are absolutely free to proceed with attachment and sale of the security. Facility was extended for requesting the KSFE to grant one time settlement, if 10% of the amount was paid before 31.05.06. That opportunity was apparently not availed. 2. The finality of that judgment concludes the issues raised in this Writ Petition which are nothing but the contention that lead to Ext.P1 judgment and may be certain other matters which arise from WPC : 38193/08 -:2:- the enforcement of Ext.P1 and the fact that the first petitioner's husband is now sick and is stated to be paralysed and permanently ill. Therefore, I do not find any legal impediment or error of jurisdiction vitiating the impugned proceedings. The contention in the writ petition is therefore to be repelled. Learned counsel for the petitioners submits that as of now an amount of Rs.5 lakhs can be paid. This is a matter the petitioner has to place before the KSFE. However, that again is a matter which may require the concurrence of 5th respondent, the present auction purchaser. The Writ Petition is hence dismissed without prejudice to the right of the petitioners to move the KSFE and also to obtain the consent of 5th respondent to have the sale set aside. It is clarified that this judgment does not touch the sale as such and if the sale is appealable before any statutory authority or court, in accordance with law, that issue is left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb 30/12