IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 W.P(C).No. 20638 of 2008(F) ---------------------------------- PETITIONER: --------------- JOSE.V.A, S/O.ANTONY, KARANIRAPPIL HOUSE THARIYODE.P.O, VYTHIRI, WAYANAD DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE FARMER'S DEBTS RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE KERALA STATE FINANCIAL ENTERPRISES, "BHADRATHA", MUSEUM ROAD, THRISSUR-6820020 REPRESENTED BY ITS CHAIRMAN. 4. THE SPECIAL DEPUTY THAHSILDAR (RR) THE KSFE LTD, KALLAI ROAD, KOZHIKODE-2. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R3 GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ===================== W.P.(C) NO. 20638 OF 2008 - F ==================== Dated this the 11th day of July, 2008 J U D G M E N T Petitioner is a defaulter to the respondent Company and recovery proceedings were initiated under the Revenue Recovery Act. On the basis that he had approached the 2nd respondent, he had filed Writ petition before this court as WP(C) No.3120/08. That writ petition was disposed of by Ext.P1 judgment, deferring sale for a period of three months in order to enable the petitioner to obtain relief from the 2nd respondent and obtain reliefs. It would appear that the petitioner has not succeeded in securing any order from the 2nd respondent. 2. Meanwhile, on a representation made by the petitioner, according to the petitioner, the 3rd respondent has forwarded the matter to the 4th respondent to ascertain as to whether any waiver of interest could be given to the petitioner and it is his contention that final decision on Ext.P2 is also not taken so far. This Writ petition is filed at that stage when proceedings are continued by Ext.P3 and sale is scheduled today. 3. If as stated by the petitioner since Ext.P2 is pending before the 4th respondent, if sale is concluded today, no useful purpose will be WPC 20638/08 :2 : served by the endeavour of the petitioner. Since the claim now pending before the 4th respondent is only in relation to the interest that is payable, petitioner cannot avoid payment of the Principal amount until such decision is taken. Therefore, I direct that on the petitioner remitting 1/3rd of the amount due within 10 days from today, though the sale pursuant to Ext.P3 can go on, the same shall not confirmed. If payment is made as above, I direct that a final decision on Ext.P2 should be taken by the 4th respondent and this shall be done, as expeditiously as possible, at any rate within 4 weeks of receipt of a copy of this judgment and depending on the decision on Ext.P2 and its compliance by the petitioner, the respondents will decide as to whether the sale should be confirmed or not. Petitioner shall produce a copy of this judgment before the 4th respondent for compliance. ANTONY DOMINIC, JUDGE Rp