IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28098 of 2008(T) -------------------------- PETITIONER: ------------ 1. A.K.NARAYANAN, S/O.KUNHIRAMAN, PARTNER, M/S.KAYAKKULAM BROTHERS ENTERPRISES, ATHIKUNDIL HOUSE,PALLIKKARA, HOSDURG TALUK, PERIYA VILLAGE, KASARAGOD DISTRICT. 2. YESHODA, D/O.KUNHAPPAM, RESIDING, -DO-. 3. MALATHI, D/O.NARAYANAN NAMBIAR, GANGA NIVAS, PERIYA P.O., KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS GENERAL MANAGER, HIGH LANE PLAZA, M.G.ROAD, KASARAGOD. 2. THE MANAGER, KERALA FINANCIAL CORPORATION, KANNUR. 3. TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KANNUR. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN SRI.K.JAIJU BABU, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28098 OF 2008 T ```````````````````````````````````````````````````` Dated this the 23rd day of September, 2008 J U D G M E N T Petitioners were partners of a firm which availed a loan from the Kerala Financial Corporation. According to the petitioners, they have been served with Ext.P2 which is issued by the information officer providing the statement of accounts. Now, the petitioners are faced with recovery notices stating that an amount of Rs.25,99,806/- is still due to the Corporation. It is stated that the demand notices are issued without any regard to the remittance already made. It is also the contention of the petitioners that at any rate the arrear shown is not supported by any legally acceptable evidence and after 1.7.1999 there have been developments and the property was sold and the sale proceeds adjusted to the loan account and none of these aspects is considered by the revenue recovery officer. 2. Heard learned counsel for petitioners, learned WPC.28098/08 : 2 : Government Pleader and learned standing counsel for KFC. Learned standing counsel points out that if the petitioners are aggrieved by the attachment of the immovable property, the petitioners may move the authority under the Revenue Recovery Act provided under section 46 of the Act. In Ext.P2, it is stated that an appeal may be filed within 30 days from the date of receipt of the letter. In such circumstances, the petitioner is relegated to avail the remedy as provided under Ext.P2 and / or to avail the remedy under section 46 of the R.R. Act. Without prejudice to the said remedies, writ petition is disposed of. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE