IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 3645 of 2006(H) ------------------------------------ PETITIONERS: -------------------- 1. G.GOPINATHAN NAIR, AGED 71 YEARS, S/O.GOVINDA PILLA, KULATHINAL PUTHEN VEEDU, KODUMAN EAST. 2. K.RAMACHANDRAN UNNITHAN, KINGINI MADOM, PARAKKODE P.O., ADOOR. 3. K.THULASEEDHARAN UNNITHAN, AGED 53 YEARS, S/O.RAGHAVAN UNNITHAN, NAMBITHARA PUTHEN VEEDU, PADI MURI, SOORANADU NORTH P.O. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.P.VIJAYALAKSHMI. RESPONDENTS: -------------------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, K.F.C., ALLEPPEY. 3. PARAKODU RUBBER PRODUCTS INDUSTRIAL CO-OPERATIVE SOCIETY LIMITED NO.Q 317, KODUMON, PARAKODU, REPRESENTED BY THE LIQUIDATOR. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3645/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RESOLUTION NO.5 DT. 18.7.79 PASSED BY THE 3RD RESPONDENT. P2:- COPY OF THE LETTER NO.HC/C2/21981/01 DT. 4.10.02 ISSUED BY THE DIRECTORATE OF INDUSTRIES & COMMERCE TRIVANDRUM. P3:- COPY OF THE JUDGMENT DT. 21.11.2001 PASSED BY THIS HONOURABLE COURT IN OP.35394/01. P4:- COPY OF THE REVENUE RECOERY NOTICE NO.KFC.4/98(P) DT. 13.8.01 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. P5:- COPY OF THE REVENUE RECOVERY NOTICE NO./KFC.4/98 DT. 13.8.2001 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P6:- COPY OF THE LETTER NO.BO/PTA/653/2005 DT. 7.10.2005 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE 3RD RESPONDENT. P8:- COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE 3RD RESPONDENT. P9:- COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE 3RD RESPONDENT. P10:- COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE 3RD RESPONDENT. P11:- COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE 3RD RESPONDENT. P12:- COPY OF THE JUDGMENT DT. 6.2.03 PASSED BY THIS HONOURABLE COURT IN OP.4125/03. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.3645 of 2006 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT Petitioners approached this court aggrieved by the recovery steps initiated at the instance of the first respondent. Apparently steps have been taken against the petitioners on the ground that they were the Directors of the 3rd respondent Society. It submitted that the Society is having sufficient assets. There is no counter affidavit yet. In the above circumstances this writ petition is disposed of making it clear that only after exhausting the steps against the 3rd respondent Society and its assets, the petitioners shall be proceeded against. Steps as above shall be taken within a period of six months from the date of production of a copy of this judgment by the petitioners before the Liquidator. If steps as above are not completed the attachment on the property of the petitioners will stand lifted. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.3645 of 2006 ----------------------------------- JUDGMENT 24th September, 2008