IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 27013 of 2010(B) ------------------------ PETITIONER(S): --------------------- 1. A.C.SANKAR, ARAKKAL KUNNEL HOUSE, KARUVANKUNNU P.O., KALLURKAD, ERNAKULAM DISTRICT. 2. USHA KUMARI, W/O.A.C.SANKAR ARAKKAL KUNNEL HOUSE, KARUVANKUNNU P.O., KALLURKAD, ERNAKULAM DISTRICT. BY ADV. SRI. P.K. SANTHAMMA RESPONDENT(S): ------------------------ 1. THE TAHASILDAR, MUVATTUPUZHA TALUK, CIVIL STATION, VAZHAPPALLY, MUVATTUPUZHA. 2. THE MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR SC/ST, MULANKUNNATHUKAVU, THRISSUR. 3. THE DIST.COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD, KOCHI. 4. THE SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. SUB REGISTRAR, KALLOURKKAD SUB REGISTRY, ERNAKULAM DISTRICT. R1, R3 & R5 BY GOVT. PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.27013 of 2010 ------------------------------------------- Dated this the 20th day of September, 2010 J U D G M E N T ---------------------- The petitioners availed loan from the 2nd respondent Corporation to the tune of Rs.1,48,200/-, under a scheme intended for purchase of agricultural land. 52 cents of property, which was purchased by virtue of Ext.P1 sale deed, was pledged in favour of the 2nd respondent. The period of repayment was for 8 years, which will expire only in the year 2011. According to the petitioners, they had effected some repayments. However, there was default in regular payment of installments and at the behest of the 2nd respondent, proceedings was initiated under the provisions of the Kerala Revenue Recovery Act, 1968. The mortgaged property having an extent of 52 cents comprised in Sy.No:633/5-2 in Enanalloor Village which the petitioners have purchased by virtue of Ext.P1 Sale W.P.(C).27013/10-B -2- Deed and which was mortgaged through Ext.P2 Mortgage Deed, was attached. Apart from that another property owned by the 1st petitioner having an extent of 8 cents comprised in Sy.No:926/5-5 of Kalloorkkadu Village was also attached, as evident from Ext.P4. From Ext.P10 order of attachment it is evident that along with the property covered under Ext.P1 & P2 another extent of 3 cents comprised in Sy.No:633/5-2 of Enanalloor Village was also attached. Contention of the petitioners is that the amount sought to be recovered under the revenue recovery proceedings is Rs.1,72,600/- only, along with interest at the rate of 11% due thereon from 20.10.2009 onwards. Whereas valuation of the mortgaged property itself will come to more than Rs.7.5 lakhs. It is submitted that the petitioners are ready and willing to clear off the entire arrears by disposing the 8 cents of property situated in Kalloorkkadu Village, which is now under attachment. But due to the attachment effected with respect to all the properties, the petitioners are not in a position to take any W.P.(C).27013/10-B -3- steps for liquidating the arrears. 2. Ext.P10 order issued under Section 36 of the RR Act, contains three items of properties, i.e: 52 cents of mortgaged property as well as 3 cents of property covered under the very same survey number of 633/5-2. This court has directed the 1st respondent to submit a valuation report with respect to the properties covered under Ext.P10 notice. The 1st respondent, on the basis of a report obtained from the Village Officer, had submitted a statement to this court, in which it is mentioned that the three items mentioned in Ext.P10 notice comprised under Sy.No:633/5/2 will be having valuation of Rs.4,75,711/-, Rs.5,76,926/- and Rs.60,729/- respectively. It is evident that valuation of those three items itself is more than Rs.11 lakhs, whereas the arrears is only less than Rs.2 lakhs. 3. Under the above circumstances, on the principles of equity, I am of the opinion that attachment on 8 cents of property effected (comprised in Sy.No:926/5-5 of Kalloorkkadu Village) as per Ext.P4 notice, can be released, W.P.(C).27013/10-B -4- in order to facilitate the petitioners to dispose of the said property with a view to liquidate the arrears. 4. In the result, the writ petition is disposed of directing the 1st respondent to release attachment with respect to 8 cents of property comprised in Sy.No:926/5-5 of Kalloorkadu Village, covered under Ext.P4 notice, retaining attachment effected on other properties comprised in Sy.No. 633/5-2 of Enanalloor Village effected by virtue of Ext.P10. 5. It is made clear that the respondents will be free to proceed with further steps of recovery pursuant to Ext.P10 notice unless the petitioners pay off the entire liabilities within a period of three (3) months from today. C.K.ABDUL REHIM, JUDGE. okb