IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 2652 of 2010(F) ------------------------- PETITIONER(S): --------------- MR.N.GOPINATHAN, REKHALAYAM, MANNADY P.O., KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, PATHANAMTHITTA, REPRESENTING THE KERALA FINANCIAL CORPORATION, PAZHAMANNIL JESSY TOWERS, COLLEGE ROAD, PATHANAMTHITTA. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) FOR KERALA FINANCIAL CORPORATION, PATHANAMTHITTA. 3. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 4. THE VILLAGE OFFICER, KADAMPANADU VILLAGE, PATHANAMTHITTA DISTRICT. 5. THE SUB REGISTRAR OFFICER, KADAMPANADU, PATHANAMTHITTA DISTRICT. 6. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH STANDING COUNSEL SRI.A.A.ABUL HASSAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- W.P(C)No.2652 of 2010 ----------------------------------------- Dated this the 18th day of February, 2010 JUDGMENT The petitioner was the proprietor of a factory styled as Veluthampi Memorial Cashew Factory, which was established in the year 1969. He had availed a loan from the 1st respondent Corporation to the tune of Rs.50,00,000/- in the year 1999. The properties belonged to the petitioner were given as security for the loan. 2. Subsequently trouble arose to the petitioner in repaying the amounts in time and the various proceedings also in the matter. Presently it appears that the petitioner has cleared the liability to the tune of Rs.35 lakhs towards the liability of Rs.70 lakhs. The same was arrived at on the basis of the one time settlement scheme. It is clear from the statement filed by the Kerala Financial Corporation that the same was sanctioned by letter dated 21-4-2008. The fact that he has remitted Rs.35 lakhs is also admitted in paragraph 6 of the statement. 3. We are concerned only with the relief sought for by the W.P(C)No.2652 of 2010 . -:2:- petitioner to direct the 2nd and 3rd respondents to take immediate measures to lift the attachments over the 85 cents in Sy.No.400/4-1 and 65 cents in Sy.No.423/15 in Kadampanad Village in Pathanamthitta District and communicate the same to the 4th and 5th respondents. 4. In the statement filed by the Corporation it is stated that they have requested the 3rd respondent for lifting the RR action on remittance of the sale proceeds of each item of property to the Corporation and after collecting RR charges on the remittance made as per Ext.P9 letter. The District Collector thereafter informed that the partial release cannot be considered as per law and directed the Corporation to withdraw the RR requisition and remit the dues by the party for lifting the RR action. The Corporation will be able to withdraw RR only on remittance of full OTS amount along with belated interest and other charges. 5. The learned Government Pleader, on instruction, submitted that if a requisition is forwarded by the Corporation specifically pointing out the properties and items covered by the equitable mortgage in respect of which the attachment can be W.P(C)No.2652 of 2010 . -:3:- lifted, appropriate action will the taken in the matter. 6. Therefore, there will be a direction to the Kerala Financial Corporation to forward such a requisition within a period of two weeks and based on the same the 3rd and 4th respondents will take appropriate action to lift the attachment in respect of those items within a further period of one month. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE ahg. T.R.RAMACHANDRAN NAIR, J. --------------------------- W.P(C)No.2652 of 2010 ---------------------------- JUDGMENT 18th February, 2010