IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WA.No. 408 of 2009 ------------ -------------------- AGAINST THE JUDGEMENT IN WPC.22262/2006 Dated 05/09/2008 .................... APPELLANT/4TH RESPONDENT IN THE WRIT PETITION: ------------------------------------------------------------------------------- VILLAGE INDUSTRIES DEVELOPMENT CENTRE NO.K-149/80, ARUMANOOR P.O., AYARKUNNAM, KOTTAYAM REPRESENTED BY ITS PRESIDENT, THOMAS ABRAHAM, MADATHIL HOUSE, KONGADOOR P.O., ARIMANOOR, KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3: -------------------------------------------------------------------------------- 1. C.D.LUKOSE, S/O.DANIAL, CHAKUPURAYIL HOUSE, AYARKUNNAM P.O.,KOTTAYAM. 2. T.P.JOHN, THURUTHUVELIYIL HOUSE, ARUMANOOR P.O., KOTTAYAM. 3. M.G.CHANDRASEKHARAN NAIR, MANIYIL HOUSE, ARUMANOOR P.O., KOTTAYAM. 4. JACOB KURIAKOSE, KANITHOTTIL, GIRI BHAVAN, ERAYIL KADAVU, KOTTAYAM. 5. K.K.MATHEW, D.V.M.BHAVAN, AYARKUNNAM P.O.,KOTTAYAM. 6. JOSEPH ABRAHAM, THADATHIL HOUSE, AYARKUNNAM P.O., KOTTAYAM. 7. PHILIP OUSEPH, MECHERIL HOUSE, ARUMANOOR P.O., KOTTAYAM. 8. M.C.ZAKARIA, NADUVILEDATH HOUSE, ARIMANOOR P.O., KOTTAYAM. 9. T.J.CHACKO @ JOSEPH CHACKO, THADATHIL HOUSE, AYARKUNNAM P.O., KOTTAYAM. 10. KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. W.A.NO.408/2009 - 2 - 11. PROJECT OFFICER, DISTRICT KHADI & VILLAGE INDUSTRIES OFFICE, KOTTAYAM. 12. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. R1 TO R9 BY ADV.SRI.M.J.THOMAS R10 & R11 BY STANDING COUNSEL SRI.K.P.HARISH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, ALONG WITH WA NO. 514 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.Nos. 408 & 514 of 2009 ------------------------------------------ Dated, this the 24th day of March, 2009 JUDGMENT Kurian Joseph, J. The appellants are aggrieved by the judgment dated 5th September, 2008 in W.P.(C) No.22262 of 2006. The issue pertains to the recovery proceedings initiated by the Khadi and Village Industries Board in respect of the loan advanced by the Board to the Village Industries Development Centre, Kottayam. Appellants are the President and Secretary respectively of the said society. By the impugned judgment at the instance of the Board of Directors of the said society, this Court had directed the Khadi and Village Industries Board and the recovery authorities to first proceed against the society and its assets. The contention now taken by the President and Secretary of the society is that the debt in any case is time barred and hence no recovery can be made. 2. We find that a learned Judge of this Court in the W.A. Nos. 408 & 514 of 2009 - 2 - judgment dated 1st January, 2008 in W.P.(C) No.38095 of 2007 (Annexure VI) had permitted the issue to be considered by the District Collector, Kottayam in a revision. It is brought to our notice that the revision is pending before the District Collector. Hence further proceedings pursuant to the judgment under appeal need be pursued only subject to the decision taken by the District Collector on the issue of limitation. 3. Therefore, we dispose of these writ appeals making it clear that any further action based on the judgment dated 5th September, 2008 in W.P.(C) No.22262 of 2006 shall be pursued only after a decision is taken by the District Collector, Kottayam pursuant to the judgment of this Court dated 1st January, 2008 in W.P.(C) No.38095 of 2007. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns W.A. Nos. 408 & 514 of 2009 - 3 -