IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22147 of 2008(J) -------------------------- AS.7/2008 of PRL.SUB COURT, KOZHIKODE .................... PETITIONERS: --------------- 1. NARAYANI, W/O.LATE T.P.CHATHAN, PARAPPAN KATTIL VEEDU, P.O.KARUVANNOOR, (VIA) NADAVANNOOR. 2. BALAN, S/O.LATE T.P.CHATHAN, PARAPPAN KATTIL VEEDU, P.O.KARUVANNOOR, (VIA)NANDAVANNOOR. 3. T.P.SHAJI, S/O.LATE T.P.CHATHAN, AGED 25 YEARS. PARAPPAN KATTIL VEEDU, P.O.KARUVANNOOR, (VIA) NADAVANNOOR. 4. LASITHA, W/O.SHAJI, PARAPPAN KATTIL VEEDU, P.O.KARUVANNOOR, (VIA)NADAVANNOOR. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E.LIMITED, KALLAI ROAD, KOZHIKODE. 3. THE VILLAGE OFFICER, NADUVANNUR, KOSHIKODE DISTRICT. WPC/22147/2008 -2- 4. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., REGISTERED OFFICE, MUSEUM ROAD, THRISSUR - 680020. 5. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., KOYILANDY BRANCH, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SMT.K.R.DEEPA SC SRI.M.L.SAJEEVAN FOR K.S.F.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 22147 of 2008 -------------------------------------------------------- Dated: JULY 23, 2008 JUDGMENT The petitioners, against whom recovery proceedings have been initiated by Ext.P6, have filed this writ petition challenging the said notice. 2. Admittedly, a loan was availed of by the 3rd petitioner and default was committed. Writ petitions were filed before this Court and that resulted in Ext.P1 to P3. Even then the liability was not discharged. Subsequently, petitioners filed a suit before the Munsiff's Court and that also was dismissed for default. It is contended that an appeal was filed as A.S.No.7/2008 before the Sub Court, Kozhikode. As in the case of the suit, admittedly the A.S. was also dismissed for default. Now the petitioners submit that an application made for its restoration is pending consideration of the Court. In the meantime, by Ext.P6, recovery action has been initiated and that is under WP(C) 22147 of 2008 2 challenge. 3. If, as stated by the petitioners, they have approached the Civil Court and restoration application is pending in the appeal, it is for the petitioners to pursue their remedy before that Court itself. In my view, petitioners have also got sufficient time for pursuing the matter since the sale as per Ext.P6 is scheduled only on 18th August, 2008. Therefore, leaving it open to the petitioners to seek their remedies before the Civil Court, this writ petition is dismissed. ANTONY DOMINIC JUDGE mt/-