IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Con.Case(C).No. 1011 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14447/2007 Dated 20/08/2007 .................... PETITIONER-PETITIONER NO.1 IN THE WP:- ------------------------------------------------------- P.B. RAJAMMA, HEADMISTRESS, GOVERNMENT LOWER PRIMARY SCHOOL, KARIKKAL. BY ADV. SRI.LATHEESH SEBASTIAN SRI.R.ARUN RESPONDENTS: ------------- RAJACHANDRAN, THE SPECIAL DEPUTY TAHSILDAR (RR),K.S.F.E., KOLLAM. BY SC SRI. M.K. CHANDRAMOHAN DAS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- Cont. Case (Civil) NO. 1011 OF 2008 -------------------------------------------- Dated this the 28th day of July, 2008 JUDGMENT Heard counsel for the petitioner and standing counsel appearing for KSFE. It is submitted by standing counsel for KSFE that free land of the defaulters was sold pursuant to the judgment and balance is mortgaged to State Bank of Travancore. Counsel for the petitioner submitted that if property is sold, it will fetch sufficient price to settle Bank's loan and liability due to KSFE. It is for the petitioner to file civil suit and get second charge over the defaulter's property. However, since petitioner is guarantor recovery can be continued against the petitioner. Nothing stops the petitioner to make request to the Bank to initiate securitisation proceedings against debtor if the loan is overdue and proceedings are maintainable. Contempt Case is closed with the above observations. (C.N. RAMACHANDRAN NAIR) Judge kk 2