T.T. JOSEPH, THANNIPPARA HOUSE versus THE SPECIAL TAHSILDAR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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T.T. JOSEPH, THANNIPPARA HOUSE v. THE SPECIAL TAHSILDAR - WP(C) No. 6446 of 2007(P) [2007] RD-KL 17251 (12 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6446 of 2007(P)

1. T.T. JOSEPH, THANNIPPARA HOUSE,
... Petitioner

Vs

1. THE SPECIAL TAHSILDAR,
... Respondent

2. THE BRANCH MANAGER, KERALA STATE

3. JOSEPH MATHEW, VENGALOOR HOUSE,

For Petitioner :SRI.V.G.ARUN

For Respondent :SRI.A.K.JOHN, ADDL.SC., KSFE LTD.

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :12/09/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 6446 of 2007

Dated, this the 12th day of September, 2007

J U D G M E N T

Petitioner purchased part of the property mortgaged by 3rd respondent for availing loan from KSFE. Even though property purchased by petitioner being subject to charge also could be sold in recovery proceedings, I feel, on equitable grounds respondents 1 and 2 should be directed to sell the balance mortgaged property, i.e. excluding the property purchased by the petitioner, and proceed against petitioner's property only if sale proceeds of such property are not sufficient to discharge all liabilities. This writ petition is accordingly disposed of directing respondents 1 & 2 to follow the above direction.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg 

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