IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 35987 of 2009(P) -------------------------------------- PETITIONER(S): ---------------------- 1. JOSHY J.KANATT, S/O.K.C. JACOB, AGED 51 YEARS, KANATT HOUSE, THEVARA, KOCHI-13. 2. JOHNSON P.D., S/O.P.V. DEVASSY, AGED 51 YEARS, PADANNAKKAL HOUSE, NETTOOR P.O., MARADU, ERNAKULAM-682 340. 3. K.V. THOMAS, S/O.LATE K.C. VARKEY, AGED 54 YEARS, KANATTU HOUSE, THEVARA, KOCHI-13. BY ADV. SRI.M.R.RAJESH, SMT.A.K.PREETHA, SRI.K.M.ALEXANDER. RESPONDENT(S): ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY THE MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, THRISSUR. 2. THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES, KACHERIPADI BRANCH, ERNAKULAM. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD., IS PRESS BUILDING, BANERJEE ROAD, KOCHI-18. 4. THE PRINCIPAL, S.H. COLLEGE, THRVARA, ERNAKULAM. 5. N.C. THOMAS, NARAKATHARA, KOCHUKUTTY LANE, KONTHURUTHI, THEVARA, KOCHI. WP(C).No. 35987 of 2009(P) *ADDL. R6 IMPLEADED ADDL. R6: NIJU MARY THOMAS, NARAKATHARA, KOCHUKUTTYLANE, KONTHURUTHI, THEVARA, KOCHI-13. * ADDL. R6 IS IMPLEADED AS PER ORDER DATED 10/10/2011 IN I.A.13636/2010. R1 TO R3 BY ADV. SRI.K.S.HARIHARAPUTHRAN, SC, K.S.F.E. LTD. R5 BY ADV. SRI.TOM JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, ALONG WITH WPC NO. 4113 OF 2010 AND WPC NO. 25869 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 35987 of 2009(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALARY CERTIFICATE OF THE 1ST PETITIONER DATED 07/12/2009. EXT.P2: COPY OF THE SALARY CERTIFICATE OF THE 2ND PETITIONER DATED 07/12/2009. EXT.P3: COPY OF THE SALARY CERTIFICATE OF THE 3RD PETITIONER DATED 07/12/2009. EXT.P4: COPY OF THE COMMUNICATION NO.RR/SDT/EKM/4863/09-10 DATED 12/11/2009 OF THE 3RD RESPONDENT. EXT.P5: COPY OF THE PROHIBITORY ORDER NO.RR/SDT/EKM/4863/09-10 DATED 12/11/2009 WITH RESPECT OF THE 1ST PETITIONER. EXT.P6: COPY OF THE PROHIBITORY ORDER NO.RR/SDT/EKM/4863/09-10 DATED 12/11/2009 WITH RESPECT OF THE 2ND PETITIONER. EXT.P7: COPY OF THE PROHIBITORY ORDER NO.RR/SDT/EKM/4863/09-10 DATED 121/11/2009 WITH RESPECT TO THE 3RD PETITIONER. EXT.P8: COPY OF THE SALE DEED NO.567/2009 OF THENGANA S.R.O. EXT.P9: COPY OF THE INTERIM ORDER DATED 19/05/2010 IN WP(C) NO. 2894/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.35987/2009, 4113 & 25869 of 2010 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT These writ petitions are filed by the defaulter and sureties against recovery of amounts due from them to the Kerala State Financial Enterprises. The learned counsel for the Principal debtor namely, the petitioner in W.P.(C)No.4113/2010 submits that already an amount of Rs.2 lakhs has been paid and principal debtor will pay of the balance amount due within two months. In the above circumstances, these writ petitions are disposed of with a direction to the Kerala State Financial Enterprises to grant the petitioners two more months' time to pay off the entire balance amounts. If the petitioners pay the balance amount within the time stipulated, further proceedings shall be dropped. However, if the petitioners fail to pay the amount due within the said time, it would be open to the Kerala State Financial Enterprises Limited to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)Nos.35987/09 & Con.cases 2 W.P.(C)Nos.35987/09 & Con.cases 3