IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10433 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. SHABJAN, AGED 46 YEARS, S/O. SULAIMAN KUNJU, KARIKKUZHI VEEDU, MAYYANADU P.O., KOLLAM DISTRICT. 2. RAJEELA W/O. SHABJAN, KARIKKUZHI VEEDU, MAYYANADU P.O., KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY SENIOR MANAGER, REGISTERED OFFICE, 'BHADRATHA', MUSEUM ROAD, TRICHUR, PIN-680 020. 4. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM MAIN BRANCH. 5. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM-1. 6. THE COMMERCIAL TAX OFFICER, OFFICE OF THE COMMERCIAL TAX OFFICER, CHATHANNOOR, KOLLAM DISTRICT. 7. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KOLLAM. 8. THE STATE CO-OPERATIVE BANK LTD., REP. BY THE MANAGING DIRECTOR, P.B.NO.6515, CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM. 9. THE STATE CO-OPERATIVE BANK LTD., REP. BY THE DEPUTY GENERAL MANAGER/AUTHORISED OFFICER, P.B.NO.6515, CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM. 10. THE SENIOR BRANCH MANAGER, THE STATE CO-OPERATIVE BANK, KOLLAM BRANCH, KOLLAM. 11. THE VILLAGE OFFICER, MAYYANADU VILLAGE, KOLLAM DISTRICT. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R8-10 R3 BY ADV. SRI. M.L.SAJEEVAN GOVERNMENT PLEADER SRI. I.V. PROMOD FOR R1, 2, 5, 6, 7 AND 9. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.10433 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of March, 2009. JUDGMENT Going by the materials on record, the petitioners have three creditors. They owe an amount of Rs.13,96,060/- with 6% interest from 9.6.2007 to the Kerala State Financial Enterprises, as per Ext.P1 lok adalath award which is final. They owe an amount of Rs.29,48,484/- as on 31.12.2006 to the Kerala State Co-operative Bank. The interest further accrues on that. The petitioners also owe an amount of Rs.3,57,647/- with interest, collection charges etc. due as sales tax and other dues to the Government. The total accruals reflected by Section 13(2) notice were notified to the petitioners way back in 2007. The petitioners are bound by Ext.P1 in so far as their transaction with KSFE is concerned. The dues to the State are final in terms of RR WP(C)10433/2009 -: 2 :- proceedings. Therefore, the total outstandings due from the petitioners to the aforesaid three authorities cannot now be disputed. With the aforesaid, the learned counsel for the petitioners stated that his clients will be able to find a person who would purchase the whole or a portion of the property covered by the impugned proceedings and pay off the entire outstandings in two months. This is recorded. It is, therefore, ordered that no sale shall be held for a period of two months as a last chance. If the petitioners find a private purchaser and pay off the entire outstandings due to all the three aforesaid authorities, the attachment would be lifted and the property would be released from security charge. The petitioners may treat it as a final opportunity. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/010409