Kerala High Court
WP(C)/38193/2008 of BABY ALIAS SARASWATHI Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38193 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. K.M.BABY ALIAS SARASWATHI, W/O.GOVINDAN, KALASANKANDI HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
WP(C).No. 38193 of 2008(V)
--------------------------
PETITIONER(S):
---------------
1. K.M.BABY ALIAS SARASWATHI,
W/O.GOVINDAN, KALASANKANDI HOUSE,
CHEMMANCHERY VILLAGE, KOYILANDY TALUK,
KOZHIKODE DISTRICT.
2. SASINDRA RAJ.K, S/O.BABY ALIAS
SARASWATHI, KALASANKANDI HOUSE,
CHEMMANCHERY VILLAGE, KOYILANDY TALUK,
KOZHIKODE DISTRICT.
BY ADV. SRI.MANJERI SUNDERRAJ
SMT.SUSAN JACOB
SRI.B.PREMNATH (E)
SRI.MANJERI SUBIN SUNDER RAJ
SMT.K.K.PREETHA
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY
DISTRICT COLLECTOR, KOZHIKODE.
2. THE KERALA STATE FINANCIAL ENTERPRISES, KALLAI ROAD BRANCH, KOZHIKODE.
3. THE SPECIAL DEPUTY TAHSILDAR,
REVENUE RECOVERY-KSFE, KALLAI ROAD, KOZHIKODE.
4. THE VILLAGE OFFICER, CHEMMANCHERY
VILLAGE OFFICE, CHEMMENCHERY, KOYILANDY, KOZHIKODE.
5. ABOOBACKER, S/O.KHADER,
KOODATHIL HOUSE, VENGALAM, ELATHUR,
VIA.KOZHIKODE 673 303.
BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN
SC FOR KSFE SRI. M.L.SAJEEVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38193 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2008
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JUDGMENT
Petitioners' plea is in relation to certain proceedings of theKerala State Financial Enterprises(KSFE). It appears that the firstpetitioner along with her daughter availed certain chitties and later aloan to repay the chitty amounts. Ext.P1 judgment was issued bythis Court on 13.03.06 holding that, there is no sustainable argumentagainst the recovery proceedings as the loan and the debt areadmitted and the chitty was also abandoned. It was also thereforeclarified that respondents are absolutely free to proceed withattachment and sale of the security. Facility was extended forrequesting the KSFE to grant one time settlement, if 10% of theamount was paid before 31.05.06. That opportunity was apparentlynot availed.
2. The finality of that judgment concludes the issues raised inthis Writ Petition which are nothing but the contention that lead toExt.P1 judgment and may be certain other matters which arise from the enforcement of Ext.P1 and the fact that the first petitioner's husband is now sick and is stated to be paralysed and permanentlyill. Therefore, I do not find any legal impediment or error ofjurisdiction vitiating the impugned proceedings. The contention in thewrit petition is therefore to be repelled.
Learned counsel for the petitioners submits that as of now anamount of Rs.5 lakhs can be paid. This is a matter the petitioner hasto place before the KSFE. However, that again is a matter whichmay require the concurrence of 5[th] respondent, the present auctionpurchaser. The Writ Petition is hence dismissed without prejudice tothe right of the petitioners to move the KSFE and also to obtain theconsent of 5[th] respondent to have the sale set aside. It is clarifiedthat this judgment does not touch the sale as such and if the sale isappealable before any statutory authority or court, in accordance withlaw, that issue is left open.
THOTTATHIL B. RADHAKRISHNAN, JUDGE