IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 23169 of 1999(G) --------------------------------- PETITIONER: ------------------ P.K.KHALID, S/O. ABDUL SHUKKOOR, HILL VIEW, CHIRAKKARA P.O., THALASSERY. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.P.VISWAMBARAN SRI.R.O.MOHAMED SHEMEEM RESPONDENTS: ----------------------- 1. THE KERALA FINANCIAL CORPORATION REP.BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE KERALA FINANCIAL CORPORATION REP.BY ITS BRANCH MANAGER, ALAPPUZHA. 3. DEPUTY TAHASILDAR (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, KANNUR BY ADV. SRI.V.B.UNNIRAJ - R1 & R2 GOVERNMENT PLEADER SMT.N.SUDHA DEVI - R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.23169/1999 ORDER ON CMP. NO.38558/1999 IN OP. NO.23169/1999 DISMISSED 07.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENTTO THE PETITIONER. EXT.P2:- COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. EXT.P3:- COPY OF THE STATEMENTS OF ACCOUNTS. /TRUE COPY/ P.A. TO JUDGE T.R.RAMACHANDRAN NAIR, J. ======================= OP.No.23169 of 1999-G. ======================= Dated this the 7th day of March, 2008. J U D G M E N T The petitioner herein was one of the four partners of a firm by name M/s.Mark Woods which was carrying of its operation from the year 1983. They had availed a loan to the tune of Rs.2.5 lakhs from the 2nd respondent Corporation. It appears that the business could not be run properly by them and the petitioner was not involved in the business as he was away in the middle East during the relevant period. The unit was taken over by the Corporation on 14.3.1991. The petitioner approached this Court aggrieved by the demand notices Exts.P1 and P2 issued under the Revenue Recovery Act. 2. As per interim order in CMP.No.38558/1999 this Court had directed the Kerala Financial Corporation to arrange for a meeting of all the parties and to consider a settlement of scheme for closing the loan. In fact, earlier there were other writ petitions also OP.No.23169 of 1999-G. -: 2 :- ie, OP.Nos.3912/1992, 3608/1999 and WA.No.1136/1999. The Division Bench of this Court by order dated 23.8.2000 had directed the parties to take steps for the closing of the loan and the parties were directed to file statement before this Court. The WA.No.1136/1999 arose from the judgment in OP.No.8572/1999. The Writ Appeal has been disposed of as per Judgment dated 5.12.2001. 3. Since the issue that is considered in the Writ Appeal is in respect of the same unit, I find that the direction will govern the issue involved in this matter also. Therefore, the Original Petition is disposed of giving liberty to the petitioner to approach this Court, if necessary, in future if the respondents resort to fresh recovery steps against him. The legal and factual contentions raised are left open. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-