IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 OP.No. 3608 of 1999(D) ---------------------- PETITIONER: ------------ MOHAMMED HAJI KHADEEJA; UMMA, KAVUNKAL, KOCHUPDEETHARA VADUTHALA JETTY POST, AROOKUTTY, ALLEPPEY DIST. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR, REVENUE RECOVERY, KFC ALLEPPEY, ALLEPPEY DIST. 2. DISTRICT COLLECTOR, ALLEPPEY. ADDL.3. KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRIVANDRUM. ADDL. 4. BRANCH MANAGER, KERALA FINANCIAL CORPORATION, ALLEPPEY BRANCH, ALLEPPEY. ADDL. R3 AND R4 ARE IMPLEADED AS PER ORDER FSYRF 18.2.99 IN CMP 6506/1999 R1 AND R2 BY G.P. SRI. K.P. PRADEEP R3 AND R4 BY ADV. SRI.V.B.UNNIRAJ THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 6108 OF 1999 IN OP 3608 OF 1999 DISMISSED 25.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF UNDER REGISTERED DOCUMENT NO. 4122 OF 1962 SRO AROOKUTTY EXT.P2 TRUE COPY OF NOTICE NO. RR/KFC/23/98/A DATED 28.1.1999 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF OBJECTION DATED 6.2.99 BY THE PETITIONER TO THE FIRST RESPONDENT AGAINST THE REVENUE RECOVERY PROCEEDINGS INITIATED AS PER EXT.P2 EXT.P4 TRUE COPY OF OBJECTION DATED 6.2.1999 BY THE PETITIONER TO THE 2ND RESPONDENT AGAINST THE REVENUE RECOVERY PROCEEDINGS INITIATED AS PER EXT.P2 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- O.P. No. 3608 OF 1999 -------------------------------------------- Dated this the 25th day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. Petitioner's case is that petitioner's property is proceeded against for arrears due from petitioner's son. Liability is admittedly due to KFC. Recovery has to be confined to the property of the defaulter and of the guarantors. Even if the defaulter has a share in the property of the petitioner, only his share should be proceeded against. O.P. is closed with the above observations and directions. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2