IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 17731 of 2009(J) -------------------------- PETITIONER: ------------------ SOUNDARAJ, S/O. SANDANAM, CHITTUVARA, AGED 60 YEARS, ESTATE, OC DIVISION, ELAPPETTY PO, PIN- 685 015. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: ---------------------- 1. STATE OF KERALA REP BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR CHRISTIAN CONVERTS FROM SCHEDULED CASTES AND THE RECOMMENDED COMMUNITIES LTD, NAGAMPADAM, KOTTAYAM. R1 BY GOVERNMENT PLEADER SRI.P.NARAYANAN. R2 BY ADV.M.P.MADHAVANKUTTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 17731 of 2009 -------------------------- Dated this the 7th August,2009 J U D G M E N T Heard learned counsel for the petitioner Sri.R.Divakaran and learned standing counsel for the 2nd respondent Sri.M.P. Madhavankutty. 2. Petitioner availed a loan of Rs.60,000/- from the 2nd respondent in the year 1995. Loan was availed for the purpose of a woodcarving unit established by the petitioner. Admittedly there has been a default in repayment of the loan. Proceedings were initiated under the Negotiable Instruments Act. By Ext.P3, petitioner has submitted a representation challenging the recovery initiated by the 2nd respondent after several years. This writ petition has been filed challenging the recovery proceedings evidenced by Ext.P2 and praying for other reliefs. 3. A statement has been filed by the 2nd respondent and reply affidavit has been filed by the petitioner. W.P ( C) No. 17731 of 2009 2 4. Learned standing counsel for the 2nd respondent submits that a decision will be taken on Ext.P3 untrammelled by the stand taken in the statement filed before this Court. Accordingly, writ petition is disposed of directing the 2nd respondent to consider the request contained in Ext.P3 as also the objections raised by the petitioner and take a reasoned decision within a period of two months from the date of receipt of a copy of this judgment. Coercive proceedings against the petitioner shall be kept in abeyance till orders are passed by the 2nd respondent on Ext.P3. (V.GIRI,JUDGE) ma W.P ( C) No. 17731 of 2009 3 W.P ( C) No. 17731 of 2009 4