IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 14TH DECEMBER 2007 / 23RD AGRAHAYANA 1929 WP(C).No. 12 of 2005(B) ----------------------- PETITIONERS: ------------ 1. FATHIMA BEKKER, W/O. ABOOBACKER, PUTHENPEEDIKAYIL, KANHIPARA, POST KARIPOL, MALAPPURAM DISTRICT. 2. M.P.JAMEELA D/O. BEERAN, MELEPEEDIAKKAL, PUNNATHALA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM DISTRICT. 2. THE EXECUTIVE DIRECTOR, 'KUDUMBASREE', THIRUVANANTHAPURAM. 3. THE DISTRICT MISSION CO-ORDINATOR, 'KUDUMBASREE', MALAPPURAM DISTRICT. 4. THE MANAGER, SOUTH MALABAR GRAMIN BANK, PUTHANATHANI, MALAPPURAM DISTRICT. 5. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TIRUR, MALAPPURAM DISTRICT. R4 BY ADV. SRI.T.R.RAVI, SC R1 TO R3 AND R5 BY G.P. SRI. P. PRAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN WPC 7467/04 DATED 28.6.2004 EXT. P2 TRUE COPY OF THE NOTICE DATED 29.5.2004 FROM KURUMBATHOOR PANCHAYATH EXT.P3 TRUE COPY OF THE NOTICE DATED 29.5.2004 FROM ATHAVANAD PANCHAYATH EXT.P4 TRUE COPY OF THE NOTICE DATED 30.11.2004 BY THE 5TH RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 30.12.2004 BY THE PETITIONERS TO RESPONDENTS 3, 4 AND 5. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12 OF 2005 -------------------------------------------- Dated this the 14th day of December, 2007 JUDGMENT Inspite of a detailed order dated 18.1.2006 directing the District Collector to file a report as to the conditions on which loan was given to members of Kudumbasree through the third respondent, no report is so far filed in this Court. In the absence of co-operation from the District Collector, it is not possible for this court to decide the case. The challenge is against recovery proceedings and amount sought to be recovered is due to the fourth respondent, who is a rural bank. In any case, W.P. is disposed of directing the District Collector to consider objections of petitioner and order recovery against the borrower concerned. Fourth respondent can take up the matter with the District Collector for ordering recovery as above. Recovery against the petitioner will remain stayed for three months from now and thereafter recovery will be based on District Collector's order. Petitioner will produce a copy of this judgment before the concerned District Collector for him to take a decision. (C.N. RAMACHANDRAN NAIR) Judge 2