IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 26389 of 2008(N) -------------------------- PETITIONER(S): --------------------- T.O.ANILKUMAR, ANIL NIVAS, KANJIRAMKULAM NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------ 1. THE MANAGING DIRECTOR, THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD. (A GOVT. OF KERALA UNDERTAKING ) REG.NO.15/25 PANKAJ, VELLAYAMBALAM, THIRUVANANTHAPURAM-10. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.C.E.UNNIKRISHNAN,SC,K.S.B.C.DEVP.CO FOR R1 R2 & R3 BY GOVT. PLEADER SRI. C.E. UNNIKIRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 26389/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE PROCEEDINGS DATED 11.5.1998. EXT. P2 : TRUE COPY OF THE RECEIPT DATED 12.10.1998. EXT. P3 l TRUE COPY OF THE RECEIPT DATED 26.3.1999. EXT. P4 : TRUE COPY OF THE RECEIPT DATED 22.2.1999. EXT. P5 : TRUE COPY OF THE RECEIPT DATED 2.7.2001. EXT. P6 : TRUE COPY OF THE RECEIPTS DATED 21.6.2002. EXT. P7 : TRUE COPY OF THE RECEIPT DATED 5.4.2002. EXT. P8 : TRUE COPY OF THE NOTICE DATED 15.6.2007 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT. EXT. P9 : TRUE COPY OF THE NOTICE DATED 28.7.2008. EXT. P10 : TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.26389 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 JUDGMENT Petitioner availed a loan from the first respondent. He committed default. He challenges Exts. P8 and P9. Ext.P8 is the recovery proceedings issued under Section 7 of the Revenue Recovery Act. Ext.P9 is the Form 19 notice under Section 65 of the Revenue Recovery Act. 2. I heard learned counsel for the petitioner, learned Standing Counsel and the learned Government Pleader. 3. Though petitioner has taken a contention that Revenue Recovery Act cannot be pressed into service, he does not press it as such. Thereafter, he would submit that even though he was issued with notice, on account of a funeral he could not attend the hearing. He has submitted Ext.P9. He submits that without giving an opportunity a person cannot be proceeded against and it is only after establishing that he has means, he can be proceeded against. After having heard the learned counsel for the parties, the writ petition is disposed of directing the second respondent to consider Ext.P10 and take a decision thereon in accordance with law within a period of one WPC. 26389/2008. 2 month from the date of production of a copy of this judgment. It is also ordered that the interim order will continue till a decision is taken. (K.M. JOSEPH, JUDGE) sb