IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11314 of 2008(V) -------------------------- PETITIONER: ------------ GIBRAN BASHEER, SANAM MANZIL, IDICHAKKA PLAMOODU, PARASSALA P.O. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------- 1. THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., NEYYATTINKARA II BRANCH, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. THE SPECIAL DEPUTY TAHSILDAR(RR), THE KERALA STATE FINANCIAL ENTERPRISE LTD., AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. SHRI. MATHEW VADAKKEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.11314 of 2008 --------------------------------- Dated, this the 2nd day of April, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for sale of his landed property for recovery of arrears due to KSFE. Since petitioner has undertaken to settle the liability by arranging private sale of property on or before 31/08/2008, this writ petition is disposed of directing 2nd respondent to withhold sale till 31/08/2008 to enable the petitioner to settle liability. There will be direction to the KSFE to grant OTS benefit also the petitioner, if balance liability, exclusive of incentives, is fully settled on or before 31/08/2008. Petitioner is allowed to negotiate sale of property and petitioner can even enter into sale agreement. But attachment will be lifted and sale will be permitted by respondents only after settling liability by making payment either by petitioner or by purchaser under agreement for sale. However, if petitioner does not settle liability by 31/08/2008, there will be direction to the petitioner to vacate the building and hand over the possession to 2nd respondent for sale in auction. (C.N.RAMACHANDRAN NAIR, JUDGE) jg