IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2363 of 2008(F) ------------------------- PETITIONER: ------------ C. BHASKARAN, S/O.KUNJIRAMAN NAIR, CHEEKKALLOORIDAM, KANIYAMBETTA POST,WAYANAD DIST. BY ADV. SMT.D.HEERA SRI.GIRISH BABU RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), THE KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI ROAD, KOZHIKODE-2. 3. THE CHAIRMAN, THE KERALA STATE FINANCIAL ENTERPRISES LTD., HEAD QUARTERS, TRIVANDRUM. 4. THE KERALA STATE FARMERS DEBT RELIEF COMMISSION THROUGH THE SECRETARY, THIRUVANANTHAPURAM. 5. THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL BY STANDING COUNSEL SRI. ASOK M.CHERIYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.1.2008, THE COURT ON 18/01/2008 DELIVERED THE FOLLOWING: V. GIRI ,J. ------------------------------- WP(C).NO.2363 of 2008 --------------------------------- Dated this the 18th day of January, 2008. JUDGMENT The petitioner is aggrieved by Ext.P1 notice under the Revenue Recovery Act proposing sale of his property, which according to him is not only his source of livelihood but also the property where his dwelling house is located. The petitioner had taken a loan from the KSFE and defaulted repayment of the same. The petitioner has approached the Kerala State Farmers Debt Relief commission, the 4th respondent by Ext.P5. The said body which is headed by a former judge of this court is competent to consider the petitioner's application. 2. After having heard learned counsel for the petitioner and the learned Standing Counsel for KSFE , the writ petition is disposed of in the following terms- i) The sale of the property pursuant to Ext.P1 shall be kept in abeyance for a period of three months from today. ii) During that period it is open to the petitioner to either approach the KSFE for one time settlement or move for WPC. 2363/2008 2 appropriate orders before the Kerala State Farmers Debt Relief Commission. V. GIRI, JUDGE. pmn/