IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 18608 of 2011(A) -------------------------------------- PETITIONER: ------------------- DR. M.SHAMSUDEEN, RESIDING AT ARAFA, NLRA.51/A, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. BY ADVS. SMT.K.KUSUMAM, SMT.N.SHAMNA. RESPONDENT: ---------------------- THE KERALA STATE FINANCIAL ENTERPRISES LTD., A GOVT. OF KERALA UNDERTAKING HAVING ITS CORPORATE OFFICE AT " BHADRATHA", POST BOX NO.510, MUSEUM ROAD, THRISSUR-680 020, REPRESENTED BY ITS CHIEF MANAGER, K.S.F.E. LTD., THRISSUR. BY SRI.M.SASINDRAN, S.C, K.S.F.E., LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18608/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: VARIOLA OF CHITTY NO.86/10, AT K.S.F.E., MAIN BRANCH. EXT.P.2: VARIOLA OF CHITTY NO.98/10-5, OF ULLOOR BRANCH. EXT.P.3: STATEMENT ISSUED BY THE RESPONDENT/COMPANY ABOUT THE WINNING OF PRIZE MONEY IN EXT.P.1. CHITTY. EXT.P.4: STATEMENT ISSUED BY THE RESPONDENT/COMPANY ABOUT THE WINNING OF PRIZE MONEY IN EXT.P.2. CHITTY. EXT.P.5: COPY OF THE LETTER DTD. 19/05/2011 ISSUED TO THE PETITIONER, BY THE RESPONDENT/ENTERPRISE. EXT.P.6: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT/COMPANY TO ADJUST THE PRIZE MONEY TOWARDS ARREARS. EXT.P.7: VALUATION CERTIFICATE ISSUED BY THE RESPONDENT/COMPANY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18608 OF 2011 ----------------------------------------------------- Dated this the 3rd day of August , 2011 J U D G M E N T Petitioner has subscribed certain kuries of the respondent, Company. Exts.P1 and P2 shows that the kuries mentioned therein have been prized and the prize money due are Rs.14,74,000/- and Rs.8,38,000/- respectively. 2. According to the petitioner, he has subscribed certain other kuries also and that when those kuries were prized, for availing the prize money he had offered his landed property as security. It is stated that the security so furnished has been valued by the Company at Rs.1,92,85,000/-, which is far in excess of his total liability. Ext.P7 is the communication issued by the Company to this effect. 3. It is also stated that in the prized kuries, other than those mentioned in Exts.P1 and P2, the petitioner has W.P.(C) No. 18608 OF 2011 :2 : committed certain defaults and that the total amount due is Rs.23,12,000/-. According to the petitioner such a liability can be wiped of if the Company agrees to release the prize amount due under Exts.P1 and P2 accepting the landed property already furnished by him as the security. It is stated that making this request Ext.P6 representation was made and that there was no response and hence this writ petition is filed. 4. I have heard the learned counsel for the petitioner and also the learned Standing Counsel appearing for respondent. 5. As already seen, the case of the petitioner is that towards the kuries which are already prized, his balance liability is much less than the value of the property offered by him as security. It is also his case that the value of the property is sufficient to cover the liability of kuries mentioned in Exts.P1 and P2 also. It was therefore that the petitioner says that he made Ext.P6 representation W.P.(C) No. 18608 OF 2011 :3 : requesting the Company to accept the security already offered towards the liability due towards the kuries mentioned in Exts.P1 and P2 and appropriate the prize money for the defaulted sum due from him to the other kuries. If the facts are as stated by the petitioner, I see no reason why the above said request shall not be accepted. Therefore I direct that on the production of a copy of this judgment the first respondent will consider the aforesaid request of the petitioner and pass appropriate orders in the matter, so that the petitioner will stand relieved of the liabilities. This the first respondent shall do as expeditiously as possible at any rate within four weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE ul/-