IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 36556 of 2005(B) -------------------------- PETITIONER: ------------ P. PRADEEP, S/O. PRABHAKARAN, RENUKA SADAN, KAVILPPADU P.O., PALAGHAT. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.SUNIL SHANKER RESPONDENTS: ------------- 1. KERALA STATE BACKWARD CLASS DEVELOPMENT CORPORATION LTD., PALAKKAD, REPRESENTED BY ITS DISTRICT MANAGER. 2. TAHSILDAR (R.R.), PALAKKAD. R1 BY ADV. SMT.P.DEEPTHI, SC,KS BACKWARD CLASS COR R2 BY G.P. SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED UNDER SECTION 7 OF THE RR ACT DATED ..5.2005 EXT.P2 TRUE COPY OF THE KACHIT EXECUTED BY HASHIM LAL DATED 1.12.2005 EXT.P3 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 7.12.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 36556 OF 2005 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT The case of the first respondent-Corporation is that petitioner availed loan by producing bogus salary certificate for the guarantor. Criminal case is stated to be filed against the petitioner and the same is pending. Since loan is admitted and petitioner has committed default, recovery can be continued. Even though petitioner was granted conditional stay, this Court later rejected the request for extension of stay. In the circumstances, W.P. is devoid of any merit and is dismissed. Therefore, respondents are free to proceed with criminal case as well as recovery. (C.N. RAMACHANDRAN NAIR) Judge 2