High Court Kerala High Court

K.Venu Kumar vs The Kerala State Financial … on 27 May, 2008

Kerala High Court
K.Venu Kumar vs The Kerala State Financial … on 27 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12721 of 2008(M)


1. K.VENU KUMAR, S/O.P.KRISHNA PILLAI,
                      ...  Petitioner
2. SARO.A, S/O.K.VENUKUMAR,    -DO-

                        Vs



1. THE KERALA STATE FINANCIAL ENTERPRISES
                       ...       Respondent

2. THE BRANCH MANAGER, KERALA STATE

3. THE SPECIAL DEPUTY TAHSILDAR (RR),

4. MR.A.K.PADMA KUMAR, S/O.P.KRISHNA PILLAI

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  :SRI.M.L.SAJEEVAN, SC, KSFE LTD.

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/05/2008

 O R D E R
                         ANTONY DOMINIC, J.

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                  W.P.(C) No. 12721 OF 2008 - M
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                   Dated this the 27th May, 2008.


                            J U D G M E N T

Petitioners and the 4th respondent are the children of one P.

Krishna Pillai. According to the petitiners, Krishna Pillai was a

guarantor to the loans availed by the 4th respondent and had

mortgaged landed properties along with the buildings belonging to

him as security for the liability. It is stated that subsequent to the

mortgage, the mortgagor settled portions of the properties in favour

of petitioners 1 and 2 and a portion of the same property has been

settled in favour of the 4th respondent, who according to the

petitioners is the defaulter. Petitioners contend that in partial

discharge of the liability they have paid certain amount and in this

writ petition what is sought for by them is a direction to respondent

No. 3 not to proceed against the entire property given as security by

the guarantor as it is necessary to realise their debts and they

should confine the proceedings against the property stands in the

name of the 4th respondent.

W.P.(C) No.12721 OF 2008-M

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2. True, as contended by the learned counsel for the

petitioner, if coercive action is not necessary against the entire

property to realise the dues, it is not expected that the respondents

should proceed against the entire property but should confine to the

required extent of the property alone.

3. But regarding their contention that in the process, the

extent that is held by them should be left alone, this Court will not

be justified in issuing such a direction as in law, it is for respondents

1 to 3 to decide how much extent of land should be proceeded and

which portion of the same should be proceeded against. Therefore,

leaving it open to respondents 1 to 3 to decide as to how much of

the mortgaged property should be proceeded against and which

portion of the same, this writ petition is disposed of.

4. Yet another point that is raised by the petitioners is that

they should be extended the benefit of one time settlement scheme

and they should be made known to the exact extent of the liability

to which they are answerable. Petitioners are also making reference

to Ext. P5 judgment where this Court already issued a direction to

consider the petitioners’ claim for one time settlement scheme. In

W.P.(C) No.12721 OF 2008-M

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view of the above, I direct that the respondents shall within two

weeks from now intimate the petitioners the exact extent of their

liability and consider their request for one time settlement, provided

if the scheme is now in vogue.

ANTONY DOMINIC
JUDGE
jan/-