IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27699 of 2011(J) -------------------------------------- PETITIONERS: --------------------- 1. P.A.ABRAHAM, S/O.ABRAHAM, AGED 62 YEARS, DOING AGRICULTURE, PUTHENPURAKKAL HOUSE, KARACHAL P.O., AMBALAVAYAL VILLAGE, SULTHAN BATHERRY TALUK, WYANAD DISTRICT-673 593. 2. K.RADHAKRISHNAN, S/O.BHAKTHAVALSALAN, AGED 32 YEARS, DOING AGRICULTURE, KADUKKAYIL HOUSE, VAZHAVATTA P.O., SULTHAN BATHERY TALUK, WYANAD DISTRICT-673 593. BY ADV. SRI.PHILIP MATHEW. RESPONDENTS: ------------------------ 1. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, 1ST FLOOR, TRIDENT ARCADE, PINANGODE ROAD, KALPETTA P.O., PIN- 673 121, WYANAD DISTRICT. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOZHIKODE-673 001. R1 & R2 BY SRI. R.S. KALKURA, S.C, R3 BY GOVT. PLEADER SRI. S. JAMAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.27699 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2011 J U D G M E N T The petitioners are challenging revenue recovery proceedings initiated by the Kerala Financial Corporation for recovery of loan amounts due from the petitioners to the K.F.C. The petitioners' contention is that, the vehicle hypothecated as security was seized from the 1st petitioner on 13.10.2003 without any notice to the guarantor who is the 2nd petitioner and therefore for recovery of any balance amounts due, the K.F.C. should have taken action within three years from the date of seizure. When it was pointed out to the learned counsel for the petitioners that, for proving all these facts it is necessary to adduce evidence which the petitioners can do only in a civil suit, the counsel for the petitioners seeks permission to withdraw this writ petition without prejudice to the right of the petitioners to file a suit against the K.F.C. in respect of the demand. He W.P.(C)No.27699 of 2011 -2- only submits that the petitioners may be granted two months' time for the same. In the above circumstances, this writ petition is dismissed as withdrawn with liberty to the petitioners to file a suit in respect of the cause of action before the appropriate civil court. To enable the petitioners to file suit and seek interim orders, I direct the respondents to keep further recovery proceedings in abeyance for a period of two months. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/