IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 13308 of 2010(K) -------------------------- PETITIONER: ------------------ SHEEBA JOSSY, THOPPIL HOUSE, KURISUMMOODU.P.O., CHANGANASSERY, KOTTAYAM. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ---------------------- 1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, KFC BRANCH OFFICE, KOTTAYAM. 3. DEPUTY TAHASILDAR (RR), KFC BRANCH OFFICE KOTTAYAM. 4. SHIBU THOMAS, MUTTATHU HOUSE, CHENAPPADY, KANJIRAPILY.P.O., KOTTAYAM. 5. JOSE CHERIYAN, KOODALLIL HOUSE, PEACE LANE, KURISINMOODU.P.O., CHANGANASSERY, KOTTAYAM. R1-5 BY ADV. SRI.A.A.ABUL HASSAN, SC, KFC R5 BY SRI.C.S.MANU SRI.S.K.PREMRAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 13308 OF 2010 ------------------------------------ Dated this the 16th day of November, 2010 JUDGMENT Petitioner is a guarantor with respect to a loan availed by the 4th respondent from the respondents 1 and 2. Consequent to default committed by the 4th respondent in repayment of the loan amount, coercive steps of recovery was initiated against the property owned by the petitioner. By virtue of Ext.P1 judgment issued by this Court, in a Writ Petition filed by the petitioner on an earlier occasion, the petitioner had remitted a sum of Rs.11.25 lakhs. But the 4th respondent failed to make payment of the amounts due even as per the facility of One Time Settlement offered by respondents 1 and 2. Ultimately, the property owned by the petitioner was sold in public auction. 2. According to the petitioner, the sale took place without notice to the petitioner and only when the auction 2 WP(C) No. 13308/2010 purchaser started demolishing the building contained in the property, the petitioner came to know about the sale. It came to notice of the petitioner that the 5th respondent had purchased the property in auction for a sum of Rs.1.80 crores. According to the petitioner, the amount at which the property was sold is too low, and under such circumstances the petitioner is seeking direction to set aside the sale and to direct release of the property in question. 3. Learned standing counsel appearing for respondents 1 and 2, as well as the counsel appearing for the 5th respondent, had submitted that the sale in question took place on 15.10.2009 and on confirmation of the sale in favour of the 5th respondent, he had remitted the entire amount. Subsequently the sale was confirmed in his favour. A sale certificate was executed and registered and the property was delivered possession. Sale deed in favour of the 5th respondent was also registered, is the contention. 3 WP(C) No. 13308/2010 4. It is noticed that all the proceedings pertaining to the sale as contemplated under the provisions of Kerala Revenue Recovery Act, now stands completed. It is noticed that the petitioner had not availed any of the remedy provided under the statute in order to get the sale set aside, by approaching any of the authorities under the statute. Therefore I am of the view that it is not proper for this Court to consider the question of setting aside the sale at this belated stage. 5. Having confronted with the above situation, learned counsel for the petitioner submitted that the rights of the petitioner to proceed against the 4th respondent for realising amount already deposited by the petitioner may be reserved. It is always open to the petitioner to seek such remedies by resorting to any steps as contemplated under law. 6. Under the above circumstances, the Writ Petition is dismissed, without prejudice to rights of the petitioner to 4 WP(C) No. 13308/2010 invoke appropriate remedies available under law against the 4th respondent for realising amounts already deposited by the petitioner, or damages caused to him in any other manner. C.K. ABDUL REHIM JUDGE dnc