IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 OP.No. 9095 of 2003(G) ---------------------- PETITIONER: ------------ KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, TRIVANDRUM, REPRESENTED BY ITS DEPUTY MANAGER (LEGAL) BY ADV. SRI.V.B.UNNIRAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR (RR), CHITTOOR, PALAKKAD 4. THE DEPUTY TAHSILDAR (RR), CHITTOOR, PALAKKAD. 5. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD. 6. BANK OF BARODA, NEAR MUNICIPAL BUS STAND PALAKKAD, REPRESENTED BY ITS BRANCH MANAGER 7. M/S. ROHINI OIL MILLS ( A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT) HAVING ITS, REGISTERED OFFICE AT 10/419, MOOVULAPUDUR, GOVINDAPURAM, MUTHALAMADA VILLAGE, PALAKKAD 678 509, REP. BY ITS PARTNERS 1.MUTHUSWAMY CHETTIAR 2. THIRUMALAI SWAMY 8. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION,PALAKKAD R1 TO R5 & R8 BY GOVERNMENT PLEADER R6 BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS.15695 & 15769/2003 IN OP NO.9095/2003 DISMISSED: 1.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LOAN AGREEMENT DT.17.12.87 EXECUTED BY PARTNERS OF 7TH RESPONDENT IN FAVOUR OF THE PETITIONER. P2: TRUE COPY OF THE DEED OF HYPOTHECATION DT.18.12.87 EXECUTED BY PARTNERS OF 7TH RESPONDENT IN FAVOUR OF THE PETITIONER. P3: TRUE COPY OF LETTER CONFIRMING DEPOSITS OF TITLE DEEDS DT.19.12.87 EXECUTED BY PARTNERS OF 7TH RESPONDENT IN FAVOUR OF THE PETITIONER. P4: TRUE COPY OF REPRESENTATION DT.15.12.00 SUBMITTED BY PETITIONER BEFORE R2 AND R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.9095 of 2003 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT The petitioner, a Government of Kerala undertaking is challenging sale of property mortgaged to it for recovery of arrears due to the 6th respondent. According to the petitioner, while the petitioner has first charge over the property, the Bank has only third charge and the District Industries Centre has second charge. I do not think this court should decide this matter because the recovery authority is entitled to decide the matter under Section 46 of the Revenue Recovery Act. The O.P. is disposed of directing the petitioner and respondents 5 and 6 to produce the mortgage deeds before the third respondent for him to consider priority for payment. Sale proceeds will be appropriated in accordance with the order of priority declared by third respondent as above. The third respondent is directed to pass orders on petitioner's claim within one month from date of receipt of copy of this judgment. Respondents 5 and 6 should also be heard before orders are issued. C.N.RAMACHANDRAN NAIR Judge pms