IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 27005 of 2008(M) ----------------------------------------- PETITIONER: ------------------- T.SUJATHA, KAVITHALAYAM, 232, KALLAYAM, KALLAYAM (PO), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ------------------------- 1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM,THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. SALE OFFICER, KERALA FINANCIAL CORPORATION, DISTRICT OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 5. MUHAMMED BASHEER, THE DEPUTY MANAGER (LEGAL) THAMBURU, CHULLIMANOOR (P.O) ANAD VILLAGE, THIRUVANANTHAPURAM. 6. CHANDRAKUMAR, T.C.5/2147, KOWDIAR (P.O), THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN, SC, K.F.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- W.P.(C) No.27005 of 2008 ------------------------------- Dated this the 18th September, 2008. J U D G M E N T The property belonging to the petitioner, having an extent of 10.875 cents of land with a building therein, was mortgaged in favour of the Kerala Financial Corporation for a loan availed by the petitioner's husband, in the year 1995. Apparently, the repayment of the loan was defaulted, though according to the petitioner, her husband had assured that the loan will be repaid without default. Ultimately, the Financial Corporation assumed management and possession of the property, in exercise of its powers under Section 29 of the State Financial Corporation Act. Thereafter, the property itself was sold for recovery of the dues from the petitioner. According to the petitioner, she did not have notice regarding the sale of the property. Apparently, the address in the communication stated to have been sent by the Financial Corporation was not the place of residence of the petitioner. W.P.(C) No.27005/2008 2 2. Ext.P5 shows that the actual sale of the property itself was effected in the year 2004. The question as to whether the petitioner can be permitted to impugn the sale, at this stage, is a matter to be considered in appropriate proceedings. But learned counsel for the petitioner submits that, at this stage, he only presses for a direction to the respondent, Financial Corporation, to take note of Ext.P8 and to give a suitable reply to the petitioner. 3. I heard Sri.L.Mohanan, Standing Counsel appearing for the Kerala Financial Corporation, also in this regard. In the result, the writ petition is disposed of directing the second respondent to look into Ext.P8 representation, and to give the petitioner a suitable reply therein, within a period of one month from the date of receipt of a copy of this judgment. All other contentions of the petitioner are left open. V. GIRI, JUDGE nj.