IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 20290 of 2006(M) --------------------------------------- PETITIONER(S): ---------------------- 1. P.M.ABOOBACKER, S/O. MOIDEENKUTTY P.K., AGED 57 YRS, PULACKAL HOUSE, CHALISSERY P.O., PALAKKAD DISTRICT. 2. SMT. E.V.KHADEEJA, W/O. P.M.ABOOBACKER, PULACKAL HOUSE, CHALISSERY P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.GOPINATH MENON RESPONDENT(S): ------------------------- 1. KERALA FINANCIAL CORPORATION, H.O.VELLAYAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, K.M.M.COMPLEX, KOKKALA, THRISSUR-211. 3. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, K.M.M.COMPLEX, KOKKALA, THRISSUR-211. 4. THE VILLAGE OFFICER, CHALISSERY, CHALISSERY P.O., PALAKKAD DISTRICT. 5. P.K.VISWAMBHARAN @ VISWANATHA, POOVATHUMKADAVIL HOUSE, PYNGODE, P.O.KONATHUKUNNU, IRINJALAKKUDA VIA, THRISSUR. 6. THE DISTRICT COLLECTOR, TRICHUR. R1 to R3 BY SRI. V.B. UNNIRAJ, SC, KFC R4 & R6 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.R.RAMACHANDRA MENON, J. --------------------------- W.P.(C) No. 20290 OF 2006 -------------------------- Dated this the 2nd day of September, 2010 J U D G M E N T When a proceeding of taking over is initiated under the SARFAESI Act, whether simultaneous proceeding under the Kerala Revenue Recovery Act is also permissible against the guarantors; is the main issue involved in this case. 2. The learned counsel for the petitioners fairly submits that the issue raised by the petitioners in this case stands clearly covered against them, by virtue of the judgment rendered by the Division Benches of this Court as reported in Usman v. Kerala Financial Corporation (2007 (2) KLT 604) and also in Shalini Ravindran v. Deputy Tahsildar (2010(2) KLT S.N. 7 Case No.8). In the said circumstances, interference is declined and the writ petition is dismissed. P.R.RAMACHANDRA MENON, (JUDGE) vps WPC. No. 2 WPC. No. 3