R.Anilkumar vs Corportion Of … on 26 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1339 of 2009()



1. R.ANILKUMAR
                      ...  Petitioner

                        Vs

1. CORPORTION OF THIRUVANANTHAPURAM
                       ...       Respondent

                For Petitioner  :SRI.SABU GEORGE

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :26/06/2009

 O R D E R
              S.R.Bannurmath, C.J. & Kurian Joseph, J.
                    ------------------------------------------
                          W.A.No.1339 of 2009
                   ------------------------------------------
                 Dated, this the 26th day of June, 2009

                               JUDGMENT

Kurian Joseph, J.

Appellant is the writ petitioner. He approached this Court

for a direction to the Corporation of Thiruvananthapuram to settle his

bills overlooking the priority. The learned Single Judge dismissed the

writ petition on the ground that the reason projected by the writ

petitioner that his property is being attached and brought to sale for

recovery of arrears due to the Bank is not one covered by Ext.P3 Bench

decision.

2. Sri.N.Nandakumara Menon, learned senior counsel

appearing for the Corporation, submits that the Corporation is not in a

position to pay the money overlooking the priority in view of the

directions in Ext.P3 judgment. But, we find that the grounds in Ext.P3

judgment are not exhaustive. Here is a situation where the residential

house of the appellant/writ petitioner is being proceeded against for

recovery of arrears due to the Bank. On the face of such coercive steps

W.A.No.1339 of 2009

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taken by the Bank, it is only just, proper and reasonable that some

precedence is given to the appellant to save his residential property.

3. Therefore, we set aside the judgment of the learned

Single Judge and dispose of the writ petition with a direction to the

respondent Corporation that in the peculiar facts and circumstances of

this case the Corporation shall give precedence to the bills amount due

to the appellant/writ petitioner. The amounts shall be paid to him

within a period of three weeks from today. The Corporation will also

give due intimation to the District Co-operative Bank,

Thiruvananthapuram that the Corporation has taken steps to settle the

bills due to the appellant/writ petitioner so as to enable him to approach

the District Co-operative Bank for availing the benefits under the One

Time Settlement Scheme.

Writ appeal is disposed of as above.

S.R.Bannurmath,
Chief Justice

Kurian Joseph,
Judge
vns