IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 29148 of 2004(T) -------------------------- PETITIONER: ------------ P.S.ABDUL NAZAR, NAZAR BUNGLOW, EDAYAPURAM,ALUVA. BY ADV. SRI.DINESH R.SHENOY SRI.K.J.SEBASTIAN RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR, (RR), O/O.THE SPECIAL TAHSILDAR (R.R.) ALUVA. 2. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., 2ND FLOOR, CHOICE TOWERS, MANORAMA JUNCTION, KOCHI 16, REP. BY ITS MANAGING DIRECTOR. 3. M/S/NENMENI AGRO MILLS PVT.LTD., NALAM MILE, ALUVA, REP. BY ITS MANAGING DIRECTOR, M.A.MUHEYIDDIN. 4. M.A.MUHEYIDDIN @ SUBAIR, HAFIL, JUMA MAZJID ROAD, PANAYIKULAM, ERNAKULAM DISTRICT. 5. M.M.MOIDUNNI, DIRECTOR, M/S.NENMANI AGRO MILLS PVT. LTD., NALAM MILE, ALUVA. ADV. SRI.BABU KARUKAPADATH FOR R3 SRI.JYOTHISH.J.KALLINGAL FOR R3 SRI.M.PATHROSE MATTHAI (SR.) FOR R2 G.P. SMT.SMITHA SUKUMARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF SALE AGREEMENT DT.11.7.2003 EXECUTED BETWEEN THE PETITIONER AND RESPONDENTS 4 AND 5 WITH REGARD TO THE SHARE TRANSFER. P2: .DO. IN RESPECT OF LANDED PROPERTIES. P2(a): TRUE PHOTOCOPY OF MINUTES OF THE MEETING OF BOARD OF DIRECTOR OF R3 COMPANY DT.10.7.2003. P2(b): TRUE PHOTOCOPY OF MINUTES OF MEETING OF BOARD OF DIRECTORS, M/S.NAZ RICE AND FOODS PVT. LTD. DT.10.7.2003. P3: TRUE PHOTOCOPY OF LETTER DT.19.7.2003 ISSUED BY PETITIONER. P4: TRUE PHOTOCOPY OF NOTICE DT.25.3.2004 ISSUED BY R2 TO R3. P5: TRUE PHOTOCOPY OF REPLY LETTER ISSUED BY PETITIONER DTD.31.4.2004. P6: TRUE PHOTOCOPY OF NOTICE ISSUED TO PETITIONER BY R1 DT.14.9.2004. P7: TRUE PHOTOCOPY OF REPRESENTATION DT.24.9.2004 SUBMITTED BY PETITIONER BEFORE R1. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF AGREEMENT DT.28.4.2003 EXECUTED BY WIFE OF PETITIONER IN FAVOUR OF R4. R3(b): TRUE COPY OF MINUTES OF PROCEEDINGS DT.27.4.2003 OF BOARD OF DIRECTORS OF R3-COMPANY. R2(a): TRUE COPY OF PERSONAL GUARANTEE EXECUTED BY PETITION DT.16.4.99. R2(b): TRUE COPY OF LETTER DT.24.7.2003 BY R2 TO THE PETITIONER. R2(c): TRUECOPY OF LETTER DT.20.8.2003 BY R2 TO THE PETITIONER. R2(d): TRUE COPY OF LETTER DT.15.11.2003 BY R2 TO THE PEITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.29148 of 2004 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT The petitioner is challenging recovery proceedings on the ground that defaulter-company's property is not proceeded against. Prayer in the W.P. is to sell the property of the defaulter-company first and then to proceed against the property of the petitioner who is only a surety. Even though W.P. is pending for over four years, there is no stay granted by this court and therefore, recovery would have been continued. This court on 25.10.2004 directed the Collector to conduct enquiry as to why recovery was not continued against the petitioner. Standing Counsel appearing for KSIDC submitted that property of the defaulter-company is subject to DRT proceedings as there is another loan availed from Bank. In the circumstances, there is no justification for the petitioner to resist recovery proceedings against him who is admittedly a surety. The W.P. is therefore, devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge pms