IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 23472 of 2004(T) -------------------------- PETITIONER(S): --------------- E.P.ABDU SAMAD, S/O.UMMARKUTTY, AYISHASH P.O.PAPPINISSERY WEST, PAPPINISSERY VILLAGE, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, FORT ROAD, KANNUR. 3. SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E.LIMITED, SOUTH BAZAR, KANNUR. 4. THE VILLAGE OFFICER, PAPPINISSERY, KANNUR DISTRICT. GOVERNMENT PLEADER SRI. MATHEW VADAKEL FOR R1, 3 & 4 SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER FROM THE GOVERNMENT DATED 22.7.2004 EXT.P3 TRUE COPY OF THE SALE NOTICE DATED 26.7.2004 ISSUED BY THE THIRD RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(1) PHOTOCOPY OF STAY ORDER OBTAINED BY THE PETITIONER FROM GOVERNMENT DATED 17.8.2002 EXT.R2(2) PHOTOCOPY OF THE STAY ORDER OBTAINED BY THE PETITIONER FROM GOVERNMENT DATED 14.8.2003 EXT.R2(3) PHOTOCOPY OF THE STAY ORDER OBTAINED BY THE PETITIONER FROM GOVERNMENT DATED 6.10.2003 EXT.R2(4) PHOTOCOPY OF THE STAY ORDER OBTAINED BY THE PETITIONER FROM GOVERNMENT DATED 27.10.2003 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 23472 OF 2004 -------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT W.P.C. was filed 5 years back challenging recovery proceedings for recovery of chitty arrears due from the petitioner to the KSFE. It is not known whether liability is settled as of now. Standing counsel for KSFE submitted that even conditional order issued by this Court on 6.8.2004 was not honoured by the petitioner. In the circumstances WPC is devoid of any merit and is dismissed leaving freedom to the respondents to proceed with recovery. However, if there is any OTS benefit available, there will be direction to KSFE to grant it on petitioner satisfying the conditions. (C.N. RAMACHANDRAN NAIR) Judge kk 2