IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 12651 of 2009(B) -------------------------- PETITIONER(S): --------------- MANIKANDAN, S/O. KARUPPUSWAMY NAIKAN, MANIKANDAVILASAM, MARAYOOR COLONY, MARAYOOR VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS BRANCH MANAGER, PULIMOOTTIL SHOPPING ARCADE, MUVATTUPUZHA ROAD, THODUPUZHA, IDUKKI DISTRICT. 2. SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, IDUKKI DISTRICT. 3. THE MOUNSASWAMI, THOKKUVEETTIL, MARAYOOR KARA, MARAYOOR VILLAGE, IDUKKI DISTRICT. 4. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI DISTRICT. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).12651/2009 -------------------- Dated this the 23rd day of June, 2009 JUDGMENT 3rd respondent is a defaulter to the Kerala Financial Corporation. He availed a loan from the 1st respondent after pledging properties in Survey Nos.107/1, 109/8 and 109/10 of Marayoor Village. But he had not created any mortgage over the property having an extent of 83.6 Ares in Survey No.135/1, according to him. It seems that later the 3rd respondent leased the said property in favour of the petitioner and the petitioner has cultivated sugar cane therein. Petitioner's request now is to enable him to harvest the crop without being obstructed by the 1st respondent. 2. I refrain from expressing any opinion on the contentions of the petitioner, as the learned Standing Counsel for the 1st respondent submits that Ext.P4 request shall be looked into, though the petitioner cannot assert any legal right over the property. If he has actually cultivated the property, he may move the 1st respondent on sympathetic consideration. W.P.(C).12651/2009 2 3, In the circumstances, Ext.P4 representation shall therefore, be looked into by the 1st respondent and appropriate action taken thereon. Communication shall be issued on Ext.P4 within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs