IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 18280 of 2008(A) -------------------------- PETITIONER --------------- J.M.DAVIS, AGED 75 YEARS, MAMPILLY HOUSE, NAYITHODE P.O., KAVARAPARAMBU, ANGAMALY. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS: --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, THRISSUR. 3. T.G.JASMIN, S/O.GEORGE T.J., THEKKETHALA HOUSE, EAST KORATTY, 4. ELSAMMA, W/O.FRANCIS, 5/15. MANJALY HOUSE, AMANADU P.O., PIN - 680 324. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1& R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.18280 of 2008 -------------------------- Dated this the 5th June,2009 J U D G M E N T Petitioner, a 75 year old man availed from the Financial Corporation a loan of Rs.3 lakhs as early as in the year 1981. Property having an extent of 36 cents was offered as security. Petitioner defaulted repayment and the Corporation invoked its powers under Section 29 of the Financial Corporation Act and took over the possession of the unit on 24.11.1995. It seems that property including movables were brought to sale. The property was originally sold for Rs.9 lakhs in the year 2000. It seems that the purchaser failed to make payment on account of attachment levied by the Sub Court, Ernakulam. Be that as it may, property was subsequently notified for sale on 24.8.2005 and offer of Rs.6.11 lakhs was accepted and according to the Corporation, sale was confirmed and was preceded by a notice to the petitioner giving an opportunity of paying the offered amount of W.P ( C) No.18280 of 2008 2 Rs.6.11 lakhs within ten days. He did not pay the amount. Ultimately, the sale was confirmed and sale deed was executed on 18.4.2006. Petitioner has a contention that such notice was not received by him. This according to the corporation is because he had changed his address. But it is an irrefutable fact that the sale deed was executed in relation to the property on 18.4.2006. Petitioner seems to have approached the Corporation only in the year 2008. 2. Further amount of Rs.58,67,206/- is still claimed from the petitioner as on 1.3.2008. Petitioner has approached the Corporation as evidenced by Exhibit-P4 with an offer to pay the amount for which the property was sold. The only direction that I need to issue to the Corporation is to give a reply to the petitioner. This shall be done within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.18280 of 2008 3 W.P ( C) No.18280 of 2008 4