IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 27133 of 2009(J) -------------------------- PETITIONER(S): --------------- G.PRABHAKARAN, S/O.GOVINDAN, AGED 63 YRS RESIDING AT MEENAKSHY PUTHEN VEEDU, MANIKKAL MURI, PULLAMPARA, NEDUMANGAD, THIRUVANANTHAPURAM, BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REP.BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. CHIEF MANAGERL KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. M/S.MOTEL PLUS, REP.BY ITS PARTNER, J.USHA, MANKUZHI ILLAM, MEENAKSHI GARDEN, KAIMANAM PO, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 27133/09 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE FROM THE CORPORATION DTD.6.7.09. P2. COPY OF THE NOTICE DTD.23.7.O7. P3. COPY OF THE PETITION DTD.6.10.08. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 2475/08 OF THIS COURT. RESPONDENT(S)' EXHIBITS: Annexure R1(A) COPY OF THE PLAN. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 27133 of 2009 ================== Dated this the 25th day of May, 2010 O R D E R In respect of loan amounts taken by the 4th respondent from the Kerala Financial Corporation, the petitioner is a surety. The petitioner has filed Ext.P3 application seeking release of the property offered by him as security from the mortgage liability on payment of the value of the property to the KFC. According to the petitioner, in respect of the very same loan account in W.P.(C).No. 2475/2008 filed by another surety, this Court had granted the very same facility as per Ext.P4 judgment and the property has been released to that surety after accepting the value of the said property. The petitioner submits that, in the above circumstances, Ext.P3 petition filed by the petitioner may be directed to be considered in the light of Ext.P4 judgment. 2. I have heard the learned standing counsel appearing for the KFC also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P3 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment after affording an opportunity of being heard to the petitioner. It would be open to the petitioner to rely on Ext.P4 judgment in support of his claim, which shall also be considered by the 2nd respondent while passing orders on Ext.P3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2