IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 24841 of 2005(G) -------------------------- PETITIONER(S): --------------- 1. AMEER HAMSA, S/O. ABDUL RAHIMAN, SHABI NIVAS, MANGALAPURAM, THONNAKKAL P.O., THIRUVANANTHAPURAM. 2. G. SIVADASAN, S/O. GANGADHARAN, KALARIKKALVILA VEEDU, KATTAIKONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DEPUTY TAHSILDAR (R.R), THIRUVANANTHAPURAM. 4. THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, JAGATHY, THIRUVANANTHAPURAM. 5. P. SUBODHINI, D/O. CHELLAPPAN, PUTHUVAL PUTHEN VEEDU, 16TH STONE, THONNAKKAL P.O., THIRUVANANTHAPURAM. SMT.SMITHA, GOVERNMENT PLEADER FOR R1 TO 3 SHRI.M.K.CHANDRAMOHANDAS, FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24841/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTICE DATED M5.2642/05/KSDC(1) ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER DATED 22/05/2005. P2 : COPY OF NOTICE DATED 22/03/2005 TO THE 2ND PETITIONER. RESPONDENT'S EXHIBITS ANNEXURE R4(a) : COPY OF THE AGREEMENT BETWEEN PETITIOENRS ALONG with 5TH RESPONDENT WITH THE CORPORATION DATED 09/07/1999. ANNEXURE R4(b) : COPY OF NOTICE INTIMATING THE EMPLOYER OF THE 1ST PETITIONER DATED 26/04/1994. ANNEXURE R4(c) : COPY OF THE NOTICE INTIMATING the EMPLOYER OF THE 2ND PETITIOENR DATED 26/04/1994. ANNEXURE R4(d) : COPY OF THE REVENUE RECOVERY CERTIFICATE DATED 31/01/2005 ISSUED TO THE PETITIOENRS AND 5TH RESPONDENT. ANNEXURE R4(e) : COPY OF THE REVENUE RECOVERY CERTIFICATE DATED 25/02/2005 ISSUED TO THE PETITIONERS AND 5TH RESPONDENT. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 24841 of 2005 --------------------------------- Dated, this the 21st day of July, 2008 J U D G M E N T Petitioners, who are guarantors for the loan availed by 5th respondent from 4th respondent, are challenging recovery proceedings on the ground of limitation. This Court vide order dated 22/08/2005 directed recovery against the borrower. It is not known whether the amount is recovered or not. In any case, there is no scope for this Court to consider challenge against recovery on the ground of limitation because without referring the documents, acknowledgments etc., if any, this Court cannot settle the dispute on limitation. However, since petitioners have pleaded limitation as a ground, there will be direction to 3rd respondent to consider petitioners' objection on limitation with reference to the records and proceed for recovery only if it is not barred by limitation. Petitioners are given freedom to raise written objection before 3rd respondent. If it is not barred by limitation, recovery can be continued in terms of the requisition by the creditor organisation. Petitioner along with copy of the judgment can file written objection against recovery. I make it clear that 3rd respondent should hear the beneficiary organisation also on the objection and proceedings should be issued on the objection. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg