IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 23530 of 2001(A) ----------------------- PETITIONER: ------------ N.P. AZEEZ, AGED 26 YEARS, SON OF AMMAD, RESIDING AT NEELAMPARAMBATH HOUSE, P.O. VISHUMANGALAM, VIA . KALLACHI, KOZHIKODE DIST. BY ADV. SRI.C.VALSALAN SRI.P.M.MOHAMMED RAHAZ RESPONDENTS: ------------- 1. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., T.C. 16/351, COTTON HILL, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE REGIONAL MANAGER, THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., KOZHIKODE REGIONAL OFFICE, CALICUT. 3. THE TAHSILDAR (RR), BADAGARA, MINI CIVIL STATION, P.O. BADAGARA, KOZHIKODE. R1 AND R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 38530 OF 2001 IN OP 23530 OF 2001 DISMISSED 2.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 4.5.1999 SENT FROM THE FIRST RESPONDENT TO THE N.P. ASHARAF. EXT.P2 TRUE COPY OF THE NOTICE DATED 8.1.2001 ISSUED BY THIRD RESPONDENT. RESPONDENTS' EXHIBITS:NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 23530 OF 2001 -------------------------------------------- Dated this the 2nd day of January, 2008 JUDGMENT Petitioner's grievance is that movables attached for recovery of arrears of loan due from his brother belong to the petitioner. If the loan is covered by security of immovable property, I see no reason why the movables should be attached. There will be direction to the third respondent to attach and sell the immovable property of the defaulter or the property mortgaged for the loan. However, if there is no property security, recovery should be made from the movable and all immovable properties of the defaulter and guarantor, if any. O.P. is disposed of with the above direction and observation. (C.N. RAMACHANDRAN NAIR) Judge 2