IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5319 of 2004(G)
1. NARAYANAN NAIR,
... Petitioner
Vs
1. THE KERALA STATE HANDLOOM DEVELOPMENT
... Respondent
2. THE TAHSILDAR (R.R),
3. THE STATE OF KERALA,
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent :SRI.E.K.NANDAKUMAR
The Hon'ble MR. Justice P.R.RAMAN
Dated :01/09/2008
O R D E R
P.R. RAMAN, J.
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W.P.(C) NO. 5319/2004
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DATED THIS, THE 1ST DAY OF SEPTEMBER, 2008.
J U D G M E N T
Petitioner challenges Exts.P2, P4 and P8 and seeks for a direction to
the first respondent to recalculate the amount claimed in Ext.P2, after
giving notice to him.
2. It is contended that as per Ext.P2 the actual liability of his late
father is less than Rs. 1,00,000/-, though in Ext.P2 an amount of
Rs.2,55,818.23 is claimed by way of interest at the rate of 18%, which is
stated to be unsustainable. Petitioner is the brother of one Viswanathan
Nair who died on 7.2.2004. According to the petitioner, the property
belong to both of them and hence on the death of Viswanathan Nair, the
legal representatives ought to have been given notice. Ext.P8 notice is
without issuing such notice to the legal representatives of deceased
Viswanathan Nair and hence unsustainable in law.
3. This Court, by order dated 13.2.2004, granted a stay of
confirmation of sale on condition that an amount of Rs. 1,00,000/- shall be
paid by the petitioner, within a period of one week therefrom. It is pointed
WP(C)5319/2004 :2:
out by the learned Government Pleader that the said condition has not been
complied with by the petitioner and hence he has flouted the order of this
court. On that sole ground, this writ petition is dismissed.
P.R. RAMAN,
(JUDGE)
knc/-