IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 4609 of 2005(W) ------------------------- PETITIONER(S): --------------- K.S.RAJEEV, AGED 36 YEARS, S/O. SUBRAMANYAN, KATHANAPARAMBIL HOUSE, MANANCHERRY KUNNU, PUTHENVELIKKARA VILLAGE, PARAVOOR TALUK. BY ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE SRI.VIVEK VARGHESE P.J. SRI.N.J.PRINCE RESPONDENT(S): --------------- 1. KERALA KHADI & VILLAGE INDUSTRIES BOARD, TRIVANDRUM, REP. BY ITS SECRETARY. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, NORTH PARAVOOR, ERNAKULAM DISTRICT. 4. VILLAGE OFFICER, PUTHENVELIKKARA VILLAGE. 5. THE MINISTER, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.V.V.JOSHI, SC, KHADI BOARD FOR R1 R2 TO R4 BY GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX. PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SNOTICE DATED 3.7.2002 ISSUED BY THE PROJECT OFFICER OF THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF REPLY DATED 30.9.2002 BY THE PETITIONER TO THE DISTRICT KHADI AND VILLAGE INDUSTRIES, ERNAKULAM. EXT.P3 TRUE COPY OF DEMAND NOTICE IN FORM NO. 10 EXT.P4 TRUE COPY OF DEMAND NOTICE IN FORM NO.1 EXT.P5 TRUE COPY OF REPRESENTATION DATED 22.9.2004 BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA. EXT.P6 TRUE COPY OF REPRESENTATION BY THE PETITIONER TO THE MINISTER, DEPARTMENT OF REVENUE, GOVT. OF KERALA, THE 5TH RESPONDENT. EXT.P7 TRUE COPY OF LETTER DATED 2.11.2004 BY THE SECRETARY TO THE 1ST RESPONDENT TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P8 TRUE COPY OF FIR IN CRIME NO.37 OF 2004 DATED 19.12.2004 OF PUTHENVELIKKARA POLICE STATION. EXT.P9 TRUE COPY OF PAPER REPORT DATED 13.1.2005 IN MALAYALA MANORAMA DAILY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4609 OF 2005 -------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT Petitioner is challenging recovery proceedings on the ground that proceedings for recovery initiated against the petitioner based on personal guarantee is not tenable as the same was created by forging his signature. According to him, on a complaint, criminal case was registered against one Mr. Balakrishnan, who is the borrower and President of the Society and his wife. Petitioner has not chosen to make the wife of the President or the Society as party respondents in the WPC. In the circumstances, W.P.C. is disposed of directing respondents 2 and 3 to issue notice to the actual borrowers. namely, the President and his wife who on police enquiry were found to have committed forgery of petitioner's signature and recover the entire arrears from them and if any other persons is beneficiary of the borrowed fund, then recovery should be continued against such person also and recovery should be completed within three months from now and compliance report should be filed in this Court immediately after 2 recovery. Post after four months. Issue copy of this judgment to G.P. for forwarding the judgment to District Collector for compliance. (C.N. RAMACHANDRAN NAIR) Judge kk 3