IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WA.No. 2946 of 2001(E) ---------------------- AGAINST THE JUDGEMENT IN OP.1666/1998 Dated 28/06/2001 .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. GEORGE JOSEPH, GEMINI FINANCIERS, PALACE ROAD, CHANGANASSERY. 2. P.J. SUNNY, PREMIER AUTOS, -DO- 3. V.C. CHERIAN, VETTIKKULATHUMATTOM AGENCIES, -DO- 4. JOGI PAUL, KURIAN'S OPTICALS, -DO- 5. K.C. STEPHEN, WHEEL ELECTRONICS, -DO- BY ADV. SRI.R.D.SHENOY (SR.) SRI.ROY CHACKO RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR. 2. THE DISTRICT MANAGER, K.F.C., KOTTAYAM. 3. KAUSALYA PRABHAKARAN, CHIRAYIL HOUSE, KAVALA, CHANGANASSERY VILLAGE. 4. THE INCOME TAX OFFICER, WARD.II, THIRUVALLA. BY ADV. SRI. M.C. SEN (SR.) SRI.V.B.UNNIRAJ SRI.NRK.NAYAR SRI.ANIL SIVARAMAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 2946 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008. JUDGMENT H.L.DATTU, CJ, Appellants before us were petitioners in O.P. No.1666 of 1998. Petitioners are the tenants of the third respondent, landlady. 2. The third respondent had executed a mortgage deed in favour of the respondent, Kerala Financial Corporation ('KFC' for short), on 5.12.1992 for availing a loan. It is stated in the memorandum of appeal that the tenancy was subsisting on the date when the mortgage deed was executed by the third respondent in favour of KFC. 3. Third respondent became a defaulter. KFC, by exercising its powers under Section 29 of the State Financial Corporation Act, has taken symbolic possession of the property mortgaged on 14.10.1997. After taking such possession, the KFC had issued Ext.P1 notice to the first petitioner and also similar notices to the other petitioners, inter alia directing them to quit and deliver the vacant possession of the shop premises, which is in their possession. After receipt of the notices, the petitioners had offered their explanation. 4. Aggrieved by these notices, the tenants, who are in possession of the shop premises, had filed a writ petition before this court inter alia seeking a writ in the nature of certiorari to quash the notices and for other declarations. 5. The writ petition was rejected by the learned Single Judge by his order dated 28.6.2001. The primary ground on which the writ petition was rejected was that once the Financial Corporation exercises its power under Section 29 of the State Financial Corporation Act, the building in the possession of the tenants W.A.2946/2001. 2 becomes a public building and therefore the provisions of the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 would apply. Aggrieved by the findings and the conclusions reached by the learned Single Judge, the tenants/petitioners are before us in this writ appeal. 6. Sri.M.C.Sen, learned Senior Counsel appearing for the KFC, would inform us that during the pendency of this appeal, since the third respondent/landlady has paid certain amounts to the KFC, they are not enforcing Ext.P1 notice and further that they have handed over the possession of the mortgaged property to the landlady/defaulter/tenants. 7. In view of this development during the pendency of this writ appeal, at this stage, it may not be necessary for us to go into the larger legal issues canvassed by the learned Senior Counsel for the appellants. Therefore, the writ appeal is disposed of as unnecessary for the present. However, liberty is reserved to the appellants to raise all such contentions, which are raised in the writ appeal, in appropriate proceedings at an appropriate time. 8. Consequently C.M.P. Nos.6470 of 2001 and 2485 of 2002 are dismissed. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb. W.A.2946/2001. 3 H.L.DATTU, C.J. & K.M. JOSEPH, J. -------------------------------------------------- W.A. No. 2946 of 2001 -------------------------------------------------- JUDGMENT 30.1.2008.