IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 8033 of 2006(F) ------------------------- PETITIONER: ------------ K.K. RAJAN, AGED 56 YEARS, S/O. LATE KUNJU KUNJU, KUZHIYATHU VEEDU, KARAVALLUR P.O., PUNALOOR, KOLLAM DISTRICT, PIN-691 318. BY ADV. SMT.K.R.DEEPA RESPONDENTS: ------------- 1. THE SPECIAL TAHSILDAR (R.R), THE KERALA STATE FINANCIAL ENTERPRISED LTD.,KOLLAM 2. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, KOLLAM. 3. THE KERALA STATE FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MUSEUM ROAD, THRISSUR. 4. THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., PUNALUR BRANCH, KOLLAM. 5. ELIZABETH BABU, KUZHIYATH VILLA, KARAVALLOOR P.O., PUNALUR. 6. JUBIN BABU, S/O. ELIZABETH BABU, AGED 26 YEARS, KUZHIYATH VILLA, KARAVALLUR,PUNALUR 7. BABIN BABU, S/O. ELIZABETH BABU, KUZHIYATH VILLA, KARAVALLUR, PUNALUR. 8. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. FOR R3,4 SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8033/2006 APPENDIX PETITIONER'S EXHIBITS P1(a) : COPY OF DEMAND NOTICE ISSUED BY R4 DATED 03/05/2005 NO.9/2003/50. P1(b) : COPY OF --DO-- DATED 01/06/2005 ISSUED BY --DO-- NO.NCL-1060. P1(c) : COPY OF --DO-- DATED 01/06/2005 ISSUED BY --DO-- NO.NCL-1059. P2(a) : COPY OF DEMAND NOTICE DATED 02/09/2005 ISSUED BY R1. P2(b) : COPY OF --DO-- DATED 02/09/2005. P2(c) : COPY OF --DO-- DATED 19/10/2005. P3 : COPY OF DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND DATED 26/11/2005. P4 : COPY OF NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY DATED 24/01/2006 ISSUED BY R1. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.8033 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T Petitioner being surety is liable to be proceeded against for recovery of arrears due to KSFE. However, petitioner's claim, that defaulter's property should be sold first more so when it is attached, can be granted on equitable grounds. Accordingly, the writ petition is disposed of directing respondents 1 & 4 to proceed for recovery by attachment and sale of defaulter's property and if arrears are not fully recovered, recovery can be continued against petitioner, who is admittedly the surety for the loan. Petitioner will produce copy of the judgment and furnish details of assets of the defaulter for completing recovery against the defaulter. (C.N.RAMACHANDRAN NAIR, JUDGE) jg