IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 29786 of 2004(U) -------------------------- PETITIONER: ------------------ 1. SHASHARUBAN BEEVI, KARACKAL KIZHAKKETHIL, T.B.ROAD, ADOOR. 2. S.RASHEED, -DO- -DO-. BY ADVS. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SRI.BINDU SREEKUMAR RESPONDENTS: ---------------------- 1. KERALA FINANCIAL CORPORATION, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, PATHANAMTHITTA. 3. THE DEPUTY TAHSILDAR (R.R), KERALA FINANCIAL CORPORATION, ALAPPUZHA. 4. K.ANANDAN, KAIMALAZHIKATHU VEEDU, ENATHU P.O., ADOOR. BY ADVS. SRI.K.JAJU BABU,SC,KERALA FINANCIAL CORPORATION SRI.A.A.ABUL HASSAN, SC, KFC SRI.A.A.ABUL HASSAN, SC, KFC BY GOVERNMENT PLEADER, SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29786 of 2004(U) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE JUDGMENT IN W.P.(C) NO.5614 OF 2004-R DATED 5.3.04 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P2. COPY OF LETTER/ORDER NO.CELL NO.3 /04-05 DATED 17.6.04 OF THE KERALA FINANCIAL CORPORIATION ADDRESSED TO 1ST PETITIONER. EXT.P3. COPY OF LETTER/ORDER NO.BO/PTA/09013590/2309/2004 DATED 27.09.-4 OF THE KERALA FINANCIAL CORPORATION, SIGNED BY THE 2ND RESPONDENT ON 30.9.04. RESPONDENTS' EXHIBITS : NIL ------------------------------------------------ / TRUE COPY / P.A. TO JUDGE VK P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 29786 OF 2004 ......................................................................... Dated this the 19th November, 2010 J U D G M E N T The Writ Petition has been filed mainly seeking for a direction to restrain the respondents 1 to 3 from proceeding against the properties belonging to the petitioners mentioned in Exts.P2 and P3 before proceeding against the property belonging to the 4th respondent, who is the principal debtor . 2. The basic facts required for adjudication of the case as in the pleadings reveal that the 4th respondent had availed a loan of ` 73 lakhs from the Kerala Financial Corporation (KFC) in the year 2000. The petitioners and some others were the co- obligants for the loan. Inspite of the assurances and undertaking given to have the liability cleared, also by availing the benefit of OTS by the 4th respondent and granting the same, no positive step was taken to clear the liability; under which circumstance, there was no other alternative for the the KFC, but to proceed against the property of the petitioners. It was in the course of such proceedings, that they sought to approach this Court by W.P.(C) No. 29786 OF 2004 2 filing the above Writ Petition. 3. With reference to the materials on record, particularly, the contents of the counter affidavit filed by the respondents 1 and 2 dated 9th September, 2010, the learned Standing Counsel submits that in the course of further steps, some of the properties offered as security have already been proceeded against and the same has been sold in auction, realising a portion of the liability and that further steps are being pursued in accordance with the relevant provisions of law. 4. But subsequently, the first petitioner herein filed a Civil Suit OS.No.65 of 2010 before the Sub Court, Pathanamthitta, challenging the auction conducted by the KFC and that the said proceedings are pending. One of the co-obligants by name Sheriff, who is the son of the first petitioner has also approached the same Sub Court by filing O.S. No. 92 of 2009 wherein an interim order of injunction has been granted against the KFC from proceeding against the property of the petitioner . 5. In view of pendency of the above Civil Suits and also taking note of the submission made by the learned Standing counsel for the KFC that, by virtue of the interim order of W.P.(C) No. 29786 OF 2004 3 injunction granted by the Civil Court in OS. No. 92 of 2009, the KFC is not in a position to proceed with the matter against item No.1 and further, when item No 2 of the property now stands devolved upon the first and second petitioners and two other children of the first petitioner, this Court finds that there cannot be any parallel adjudication of the proceedings. Further proceedings in this Writ Petition are held as not liable to be proceeded with, under any circumstance. In the above facts and circumstance, the Writ Petition is closed without prejudice to the rights and liberties of the parties concerned, to proceed with the Civil Suits stated as pending before the concerned Civil Court and to pursue the matter, subject to the orders to be passed therein. P.R. RAMACHANDRA MENON, JUDGE. lk