IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 21292 of 2006(I) -------------------------- PETITIONER(S): --------------- K.P.PETER, S/O.PETER, KALLIKKATTU HOUSE, KALLEKKAD P.O., PALGHAT. BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS THE SECRETARY (REVENUE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, K.M.M.COMPLEX, KOKKALAI, THRISSUR-21. 3. KERALA FINANCIAL CORPORATION, REP. BY DISTRICT MANAGER, K.M.M.COMPLEX, KOKKALAI, THRISSUR. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21292/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SECTION 29 NOTICE DATED 22/04/2002. P2 : COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 20/02/2003. P3 : COPY OF the NOTICE, THE PETITIONER RESIDENTIAL PROPERTY IS PROPOSED TO BE SOLD IN PUBLIC AUCTION ON 16/08/2006. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 21292 of 2006 --------------------------------- Dated, this the 29th day of August, 2008 J U D G M E N T Petitioner availed two loans, one by mortgaging industrial unit and another by mortgaging his house. Petitioner's case is that the industry should be first sold before proceeding against the house property. However, since two loans are availed and one is covered by mortgage of the house property, recovery can be made for recovery of that loan by attachment and sale of the house. So far as the loan availed by mortgage of the industrial unit is concerned, there will be direction to the KFC to sell the industry, land and building and machinery, if any, of the industry and recover the arrears. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg