IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 21001 of 2008(A) -------------------------- PETITIONER: --------------- VALLIAMMAL,AGED 75 YEARS, W/O KALIYAPPA GOUNDER, ANJILICKAPARAMBI HOUSE, FLOWER JUNCTION, JEW STREET, CROSS ROAD, COCHIN -35. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.FEROS KHAN RESPONDENTS: ----------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. 3. K.KUPPU RAJ, S/O VALLIAMMAL C.C. NO. 40/4009, KOVILVATTOM DESOM, ERNAKULAM VILLAGE. 4. V.L. LAWRANCE, M/S REBINSON TRANSPORT COMPANY, VALLANAT HOUSE, PANAYAPPILLY, KOCHI 682 002. BY ADV. SRI.M.M.SAIDU MUHAMMED, SC, KFC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, ALONG WITH WPC NO. 23898 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 21001 & 23898 OF 2008 ======================== Dated this the 22nd day of August, 2008 J U D G M E N T In so far as WP(C) No.21001/08 is concerned, the petitioner submits that she had given 9 cents of land to her son, the 3rd respondent by a sale deed executed in 1995. According to the KFC, the 3rd respondent has mortgaged the said property for availing of a loan by a firm of which he was also a partner. Admittedly, default was committed and the KFC has initiated proceedings against the mortgaged property under the Revenue Recovery Act. 2. In so far as WP(C) 23898/08 is concerned, that is filed by the 3rd respondent in WP(C) No.21001/08, who admittedly is the defaulter in these cases. 3. It is pointed out by the counsel for the KFC that the sale of the mortgaged property in pursuance to the notice published by them, is being conducted today. At this stage, these writ petitions are brought up by the counsel for the petitioners and what in essence they are seeking is that the sale be deferred on payment of a portion of the amount and they be permitted to make a representation to the Corporation for settling the WPC 21001 & 23898 /08 :2 : liability and avoiding distress action against the property where their homestead is situated. 4. I heard the learned counsel for the petitioners and also the learned standing counsel appearing for the KFC. 5. Admittedly, default has been committed and money is due and according to the standing counsel, the amount due was about Rs.18 lakhs in 2006. If that be so, the KFC cannot be faulted for the action that it has initiated. 6. But, however, having regard to the fact that if the sale materialises, the petitioners will be driven out of their homestead and as they seem desirous of liquidating the liability and saving their property, I dispose of this writ petition with the following directions. 1) That though the sale that is scheduled today will go on, the same shall not be confirmed. 2) This shall be subject to the condition that before 25/8/2008, either of the petitioners in these writ petitions shall remit an amount of Rs.2 lakhs before the Ernakulam Branch of the 1st respondent Corporation. 3) Petitioners shall also remit a further sum of Rs. 3 lakhs before 2/9/2008 and such remittance shall also be made at the Ernakulam Branch WPC 21001 & 23898 /08 :3 : of the 1st respondent Corporation. 4) Once both remittances are made as above, it will be open to the petitioners to move the 1st respondent for settlement of liability and seek concessions. It is directed that if a representation is received as above, the same shall be considered and orders thereon shall be passed, as expeditiously as possible, and until such time, further proceedings shall be kept in abeyance. 5) It is clarified that in the event of default in any of the conditions specified above, it shall not be obligatory on the part of the Corporation to consider the representations and they will also be at liberty to proceed with the sale and its confirmation. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp