IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 13979 of 2005(L) -------------------------- PETITIONER: ------------ R. DAMODARAN NADAR, PAZHAVILA VEEDU, PARINIYAM, POOVAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, VAZHUTHACAUD BRANCH, THIRUVANANTHAPURAM, REP. BY ITS MANAGER. 2. THE SPECIAL DY.TAHSILDAR (R.R.) K.S.F.E. LIMITED, AKSHAYA SHOPPING COMPLEX NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. HARIHARAN S., PAZHAVILA VEEDU, PARINIYAM, POOVAR P.O., THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SNOTICE NO. SDT/NTA/4654/04-05 DATED 6.1.2005 EXT.P2 TRUE COPY OF SNOTICE NO. SDT/NTA/4654/04-05 DATED 13.1.2005 EXT.P3 SERIES TRUE COPIES OF RECEIPTS EVIDENCING PAYMENT OF MONEY BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13979 OF 2005 -------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears due to KSFE. Standing counsel for KSFE submitted that petitioner is a guarantor and defaulter on enquiry is found to have no property. If the petitioner is a guarantor then recovery is rightly initiated against the petitioner and petitioner has no escape from it. If petitioner furnishes details and identifies the properties of the defaulter to the second respondent, second respondent will first sell the property of the defaulter and then sell the property of the petitioner only if it is required. If petitioner fails to furnish details of the property of the defaulter, then recovery will be continued against petitioner as he is the guarantor. If the petitioner or defaulter approaches the KSFE and offers payment within a reasonable time, there will be direction to the KSFE to grant OTS benefit to the petitioner or the defaulter. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2