IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8545 of 2008(P) ------------------------- PETITIONER: ------------ VARKEY VARKEY MUNDUPALATHINKAL, PLAPPILLY, KOOTTIKKAL VILLAGE. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: ------------- 1. THE DISTRICT MANAGER KERALA FINANCIAL CORPORATION KATTAPPANA. 2. THE DEPUTY TAHSILDAR REVENUE RECOVERY,KERALA FINANCIAL CORPORATION KOTTAYAM. BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL STANDING COUNSEL FOR RESPONDENTS SRI.V.B.UNNIRAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------------------------ W.P(C).No.8545 of 2008 ------------------------------------- Dated this the 13th day of March, 2008 J U D G M E N T Petitioner is aggrieved by the proposal for sale of the property belonging to him for recovery of amounts due to the Financial Corporation from one P.P.Kurian. The petitioner had stood as a surety in relation to the transaction and had mortgaged an extent of 66.81 ares of agricultural property. As per Ext.P1 notice, the sale is to take place on 15.03.08. 2. Though contentions have been raised against the sale, the learned counsel for the petitioner submits that the petitioner will see that the amount due to the Corporation is paid, provided some breathing time is given to the petitioner. The submission is recorded. 3. Sri.Unniraj, the learned counsel for the Financial Corporation, submits that the petitioner has approached this Court at the eleventh hour and the sale cannot be adjourned at the instance of anybody. After hearing both sides, the Writ Petition is disposed of in the following terms. W.P(C).No.8545 of 2008 2 4. The sale as proposed under Ext.P1 may go on. If the sale takes place on 15.03.08 it shall not be confirmed for a period of 2 months from this date and even thereafter, the confirmation shall only be subject to the directions which are issued hereunder. i) The petitioner shall either pay or cause the payment of the entire balance amount due as mentioned in Ext.P1 in 6 equal monthly instalments commencing from 15.04.08. It is made clear that if there is default in any one of the instalments, this instalment facility shall stand withdrawn, and it will be open to the respondents to proceed further under the Revenue Recovery Act. ii) If the petitioner remits the amount in 6 equal instalments as permitted, the sale, which may be held on 15.03.08, shall not be confirmed, but shall stand set aside. iii) It is further made clear that if there is default on the part of the petitioner in paying the first instalment, then it will be open to the Corporation to move for confirmation of the sale. (V.GIRI, JUDGE) rtr/- W.P(C).No.8545 of 2008 3