Petitioner sought to quash recovery proceedings against her as surety. Court allowed petition because petitioner had already discharged the entire liability and properties were released.
Petition dismissed as petitioner discharged liability; leave to pursue remedies against defaulter granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934
WP(C).No. 1326 of 2006 (G)
PETITIONER:
SAROJINI PONNAN P.V., W/O. LATE PONNAN, AGED 45 YEARS, PALLATH HOUSE PAZHAYANNUR P.O., VADAKETHARA VILLAGE THRISSUR DISTRICT.
BY ADVS.SRI.SHOBY K.FRANCIS SMT.AGI SHOBY
RESPONDENTS:
1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REP. BY ITS, MANAGING DIRECTOR BHADRATHA, HEAD OFFICE, THRISSUR.
2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, OTTAPALAM BRANCH, OTTAPPALAM PALAKKAD DISTRICT.
3. SPECIAL DEPUTY TAHSILDAR (R.R.) NO.V., KERALA STATE FINANCIAL ENTERPRISES LTD., P.B.NO.510 CHEMBUKAVU, THRISSUR-680 020.
4. K. NARAYANANKUTTY, S/O. ACHUTHAN EZHUTHACHAN, KANJOOR HOUSE PAZHAYANNUR P.O., VADAKETHARA VILLAGE THRISSUR DISTRICT.
ADDL.R5 IMPLEADED
ADDL.R5. KANNAN, S/0.ARUMUGHAN, NANNATHUKALATHIL HOUSE, VADAKKETHARA VILLAGE, PAZHAYANOOR P.O., THRISSUR, IS IMPLEADED AS ADDL.R5 AS PER ORDER DT. 1.2.07 IN IA.1620/07.
R1 TO R3 BY ADVS.SRI.M.SASINDRAN, SC, K.S.F.E., LTD.
SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. SRI.JOHNSON T.JOHN, SC, KSFE LTD. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE ADDL.R5 BY ADV.SRI.SANTHEEP ANKARATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2013, ALON WITH WP(C) NO.2651/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 1326 of 2006 (G)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE JUDGMENT DATED 6.10.2003 IN WPC NO.30804/03 (P) OF THIS HON'BLE COURT.
EXT.P2. COPY OF THE REGISTERED DOCUMENT NO.1643/1/96 DATED 24.5.96 EXECUTED IN FAVOR OF 4TH RESPONDENT HAVING AN EXTENT OF 28 ¾ CENTS OF PROPRTY.
EXT.P3. COPY OF THE REGISTERED PARTITION DEED BELONGING TO 4TH RESPONDENT FAMILY DATED 20.2.90 SHOWING 6 CENTS OF PROPERTY IN HIS FAVOUR.
EXT.P4. COPY OF PERMISSION GRANTED BY THE 2ND RESPONDENT DATED 9.3.2005 TO THE PETITIONER.
EXT.P5.COPY OF LETTER DATED 22.3.2005 OF 3RD RESPONDENT RECEIVED BY PETITIONER.
EXT.P6. COPY OF AUCTION SALE NOTICE DATED 7.12.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER HAVING REF. NO.SDT/TSR/1444/02.
EXT.P7. COPY OF THE F.I.R. IN CRIME 257/04 DATED 14.10.04 REGISTERED BY PAZHAYANNOOR POLICE.
EXT.P8. COPY OF ENCUMBERANCE CERTIFICATE DATED 6.2.10 ISSUED BY THE REGISTERING AUTHORITY
EXT.P9. COPY OF THE DOCUMENT NO.2182/1/98 DATED 16.10.98 OF SRO PAZHAYANNUR
RESPONDENT'S EXHIBIT
EXT.R3(A). COPY OF THE ENCUMBRANCE CERTIFICATE NO.1950/07 DATED 26.06.2007 COVERING PERIOD FROM 01.01.1991 TO 23.06.2007.
EXT.R3(B). COPY OF THE ENCUMBRANCE CERTIFICATE NO.3875/10 DATED 12.10.2010 FOR THE PERIOD FROM 16.10.98 TO 07.10.2010.
/ TRUE COPY /
P.A. TO JUDGE
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ANTONY DOMINIC,J
W.P.(C) No.1326 of 2006 & 2651 of 2010
-------------------------------------------------Dated this the 6th day of February, 2013
JUDGMENT
These writ petitions are filed by the sureties of the fourth respondent in W.P.(c) No.1326 of 2006. The prayer sought in these writ petitions is to set aside the Revenue Recovery proceedings initiated against them for recovery of the dues of the principal debtor.
counsel for the petitioner in W.P.(c) No.1326 of 2006 submitted that, after the filing of the writ petition, she discharged the entire liability that is due and that the KSFE has released the properties, which were mortgaged. Therefore, the challenge against the recovery proceedings raised in these writ petitions, does not survive for consideration.
W.P.(C) No.1326 of 2006 & 2651 of 2010
: 2 :
Accordingly, these writ petitions are disposed of
leaving it open to the petitioner in W.P.(c) No.1326 of 2006 to work out her remedies against the defaulter.
Sd/- ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether to set aside revenue recovery proceedings initiated against sureties of the principal debtor had they discharged liability.
SAROJINI PONNAN P.V.
THE KERALA STATE FINANCIAL ENTERPRISES LTD.
K. NARAYANANKUTTY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
