IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 22262 of 2006(A) -------------------------- PETITIONERS: ------------ 1. C.D. LUKOSE, S/O. DANIEL, CHAKUKPURAYIL HOUSE, AYARKUNAM 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, AYARKUNNAM, KOTTAYAM. 8. M.C. ZAKARIA, NADUVILEDATHUB HOUSE, ARUMANOOR P.O., KOTTAYAM. 9. T.J. CHACKO @ JOSEPH CHACKO, THADATHIL HOUOSE, AYARKUNNAM P.O., KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. WPC NO.22262/2006 2. PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KOTTAYAM. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 4. VILLAGE INDUSTRIES DEVELOPMENT CENTRE NO.K-149/80, ARUMANOOR P.O., AYARKUNNAM,KOTTAYAM, REPRESENTED BY ITS PRESIDENT THOMAS ABRAHAM, MADATHIL HOUSE, KONGADOOR P.O., ARUMANOOR, KOTTAYAM. BY SHRI.K.P.HARISH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22262/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTICE DATED 04/12/1991 ISSIED BY R2 TO R4. P2 : COPY OF NOTICE ISSUED ON 30/07/2004 TO R4. P3 : COPY OF NOTICE DATED 23/05/2006 ISSUED BY R3 TO R4 AND TO THE PRESIDENT AND SECRETARY OF R4 ASSOCIATION AND TO THE PETITIONERS. P4 : COPY OF NOTICE ISSUED BY R3 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. P5 : COPY OF NOTICE DATED 21/07/2006 ISSUED BY R3. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 22262 of 2006 --------------------------------- Dated, this the 5th day of September, 2008 J U D G M E N T The writ petition is filed challenging recovery proceedings for recovery of arrears due from 4th respondent Society, of which petitioners are members or directors. While, admitting the writ petition, this Court though granted stay against personal recovery from petitioners, respondents 1 to 3 were given freedom to attach and sell the properties of the Society. It is not known whether recovery is effected. The arrears appears to be above Rs.25 lakhs, two years back. Learned counsel appearing for the Khadi Board submitted that petitioners have executed personal bond and therefore, they can be proceeded against. In any case, since the prayer is for attachment and sale of the properties of the Society, the writ petition is disposed of directing 3rd respondent to notify the properties of the Society for sale, details of which will be furnished by the petitioners, within a period of three months from now. Petitioner will produce copy of the judgment and details of assets of 4th respondent Society before 3rd respondent without any delay for him to complete sale proceedings within WP(C) No.22262/2006 -2- three months. Recovery after three months will be made from petitioners for the balance amount based on the bond executed by them. There will be direction to the Khadi Board to grant OTS benefit or other incentives or atleast waiver of penal or default interest if petitioners offer payment for settlement. (C.N.RAMACHANDRAN NAIR, JUDGE) jg