The court truncated recovery proceedings against guarantors for two months pending the sale of mortgaged properties of principal debtors by KSFE under the Kerala Revenue Recovery Act.
Recovery proceedings against the guarantors by attaching their salaries are stayed for a period of two months.
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 SHAJI P.CHALY
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 951 of 2014 (T)
PETITIONER:
G. SUJITHKUMAR, AGED 34 YEARS, S/O.GOPALAKRISHNA PILLAI, LABORATORY TECHNICAL ASSISTANT, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, THEVALLI, KOLLAM, RESIDING AT KINERUVILAYIL HOUSE, PALAKKAL, THEVALAKARA P.O, KOLLAM DISTRICT,PIN-690 524
BY ADVS. SRI.K.M.ANEESH SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM
RESPONDENTS:
1. THE KERALA STATE FINANCIAL ENTERPRISE LTD, REPRESENTED BY THE MANAGING DIRECTOR, KSFE, THRISSUR-680 020
2. THE KERALA STATE FINANCIAL ENTERPRISE LTD., KADAMBANADU BRANCH, REPRESENTED BY THE MANAGER, KSFE, KADAMBANADU BRANCH, KOLLAM-689 503
3. THE KERALA STATE FINANCIAL ENTERPRISE LTD., KADAPPAKKADA BRANCH, REPRESENTED BY THE MANAGER,
KSFE, KADAPPAKKADA BRANCH, KOLLAM-689 503
4. SIVAKUMAR M.K., SANKAR NIVAS, VADAKKE VILA, PATTATHANAM P.O, KOLLAM-691 021
5. SINDHU S., W/O.SIVAKUMAR M.K, SANKAR NIVAS, VADAKKE VILA, PATTATHANAM P.O, KOLLAM-691 021
6. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL,
PURAMATTAM, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 111
2/-
-2-
WP(C).NO.951/2014
7. THE PRICIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, THEVALLI, KOLLAM-691 009
*ADDL.R8 IMPLEADED
*ADDL.R8: THE SPECIAL DEPUTY TAHSILDAR (R.R), THE KERALA STATE FINANCIAL ENTERPRISE LTD, KOLLAM-691 001
*ADDL.R8 IS IMPLEADED AS PER ORDER DATED 2/11/2016 IN IA.NO.16248/2016.
R1 TO R3 BY ADV. SRI.LAL GEORGE, SC, KSFE SRI.ALEXANDER.C.V., SC, KSFE R5 BY ADV. SRI.B.MOHANLAL R6 TO ADDL.R8 BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, ALONG WITH WPC.NO. 19679/2014 AND WPC.NO. 19685/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 951 of 2014 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
R3(A):- COPY OF THE CONSENT AGREEMENT FOR RECOVERY EXECUTED BY THE PETITIONER IN RESPECT OF CHITTY NO.5/2011 PERTAINING TO KADAMBANAD BRANCH
2/-
-2-
WP(C).NO.951/2014
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
W.P.(C)Nos. 951,19679 & 19685 of 2014
Dated this the 2nd day of November, 2016
J U D G M E N T
-------------------
Petitioners in these writ petitions stood as guarantors for chitty transactions conducted by the Kerala State Financial Enterprise Ltd (KSFE). The principal debtors defaulted repayment, consequent to which, KSFE initiated recovery action, which finally culminated in sale proceedings as provided under Section 49 of the Kerala Revenue Recovery Act. Grievance voiced by the petitioners in these writ petitions is that, till such time the immovable properties mortgaged belonging to the principal debtors are sold, the recovery proceedings against the salary drawn by the petitioners shall be put on hold.
W.P.(C)Nos. 951,19679 & 19685 of 2014 2
learned Government Pleader, and counsel appearing for party respondents, and perused the documents on record and the pleadings put forth by the respective parties.
W.P.(C)Nos. 951,19679 & 19685 of 2014 3
Ltd will be at liberty to proceed against the guarantors in
accordance with law.
Writ petitions are disposed of accordingly.
Sd/- SHAJI P. CHALY, JUDGE.
[ True copy]
P.A. to Judge
rmm/3/11/2016
1 issue framed by the court
Whether recovery proceedings against guarantors by attaching salaries should be put on hold pending sale of mortgaged properties of principal debtors.
G. SUJITHKUMAR
THE KERALA STATE FINANCIAL ENTERPRISE LTD
SIVAKUMAR M.K.
SINDHU S.
THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, THEVALLI
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
