IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 27682 of 2006(U) -------------------------- PETITIONER(S): --------------- K.SREENIVASAN, AGED 40, S/O.LATE AYYAPPAN, MAMMANTHODI PARAMBIL, POOKOTTUKAVU, KADAMBOOR (PO), PALAKKAD-679 515. BY ADV. SMT.R.LEELA SMT.RINCI ANTONY.T RESPONDENT(S): --------------- 1. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), PALAKKAD TALUK, TALUK OFFICE, PALAKKAD. 2. KERALA STATE FINANCIAL ENTERPRISE LTD., REPRESENTED BY ITS BRANCH MANAGER, KONGAD, PALAKKAD. 3. SARASWATHY, AGED W/O.LATE BALASUBRAMANIYAM, ESHWAR ILLAM, POOKOTTUKAVU, KADAMBOOR (PO), PALAKKAD-679 515. 4. AMARNATH, AGED 40, S/O.LATE BALASUBRAMANIYAM, ESHWAR ILLAM, POOKOTTUKAVU, KADAMBOOR (PO), PALAKKAD-679 515. 5. GOPINATH, AGED 38, S/O.LATE BALASUBRAMANIYAM, ESHWAR ILLAM, POOKOTTUKAVU, KADAMBOOR (PO), PALAKKAD-679 515. ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R2 SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 1.6.2004 EXT.P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 31.1.2005 EXT.P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 8.4.2005 EXT.P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 17.6.2005 EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 19.10.2005 EXT.P6 TRUE COPY OF THE DEMAND NOTICE DATED 6.5.2006 EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 10.6.2006 EXT.P8 TRUE COPY OF THE ATTACHMENT NOTICE DATED 3.7.2006 RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE UNDERTAKING DATED 1.1.2005 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.R2(b) TRUE COPY OF THE UNDERTAKING DATED 4.10.2005 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.R2(c) TRUE COPY OF THE UNDERTAKING DATED 19.10.2005 MADE BY THE WIFE OF THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 27682 OF 2006 -------------------------------------------- Dated this the 18th day of August, 2009 JUDGMENT Since petitioner stood as surety and undertaking is produced in Court by the KSFE, recovery can be made from the petitioner if the principal debtor has not cleared the arrears. Standing counsel submitted that principal debtor is no more and recovery has to be necessarily against the petitioner. W.P. is accordingly dismissed leaving freedom to the respondents to proceed for recovery against the petitioner, if arrears are not paid. However, I direct the KSFE to grant OTS benefit to the petitioner, if the petitioner makes payment of balance arrears on or before 30.9.2009. If OTS benefit is not there, KSFE should at least waive penal interest in full, provided arrears with accrued interest are paid on or before 30.9.2009. (C.N. RAMACHANDRAN NAIR) Judge kk 2