IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21763 of 2010(U) -------------------------- PETITIONERS --------------- 1. MR. GIGI MATHEW, PITTAPPILLIL HOUSE, PERINGAZHA, MARADY VILLAGE, PERUMBALLOOR.P.O, MUVATTUPUZHA, ERNAKULAM. 2. MRS. PHILOMINA GIGI, W/O. GIGI MATHEW, PITTAPPILLIL HOUSE, PERINGAZHA, MARADY VILLAGE, PERUMBALLOOR.P.O., MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.T.RAVIKUMAR RESPONDENTS: --------------- 1. THE DEPUTY TAHSILDAR (RR) KERALA FINACIAL CORPORATION, ERNAKULAM. 2. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KALOOR, ERNAKULAM. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN R2 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 21763 OF 2010 ......................................................................... Dated this the 13th July , 2010 J U D G M E N T The petitioners have approached this Court with the following prayers: “i) to call for the records leading to Ext.P1 and quash the same directing the respondents to provide statement of accounts to the petitioners and grant an opportunity to the petitioners to be heard in the matter for the purpose of settling the arrears, if any. ii) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. The learned Counsel appearing for the petitioners submits that inspite of the willingness expressed by the petitioners to clear the liability, after issuing a proper statement of accounts, the same has not been positively considered by the respondents, who are proceeding with hasty steps to cause the W.P.(C) No. 21763 OF 2010 2 property to be sold in public auction, to be held on 13.10.2010. However, no such notification has been produced along with the Writ Petition. 3. The learned Counsel for the respondents submits that there is absolutely no merit or bonafides in the submissions and that the petitioners have not cleared the liability inspite of issuance of many a notice. The learned Standing Counsel also submits that Ext. P1 sale notice was issued in August 2009; that no such sale took place and further that a copy of the statement of accounts has already been served to the petitioner, however adding that the respondents do not have any objection to serve a fresh copy and that further proceedings will be pursued only after serving the same, giving an opportunity to the petitioner to clear the outstanding liability. 4. In the above circumstances, the second respondent is directed to serve a proper statement of accounts to the petitioner within ten days from the date from the date of receipt of a copy of the judgment . All further coercive steps shall be kept in abeyance for a period of two months thereafter, so as to W.P.(C) No. 21763 OF 2010 3 enable the petitioner to clear the liability as assured. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk