CHACKO MATHEW Vs. SUNNY JACOB

JUDGEMENT

(1.) 5th respondent in W.P.(C).No.14000 of 2006 has come up with this appeal being aggrieved by judgment dated 21-06-2006. The first respondent herein was the petitioner in the writ petition. The prayer in the petition was for quashing Ext.P13 proceedings of the Village Officer, Muttambalam dated 15-05-2006 and for directing the Governmental officers (Ist and 4th respondents) to effect mutation of title in respect of the property referred to in Ext.P1 sale deed. It is admitted that he had substantial liability in respect of a loan arrangement made with the Kerala State Industrial Development Corporation (hereinafter referred to as KSIDC).

(2.) Since the writ petition was filed by practically a stranger, we had to gather necessary details from the averments made in the writ petition, the writ appeal as well as the documents, which are produced by the parties on both sides.

(3.) The appellant had encumbered the properties covered by Ext.P9 to a scheduled commercial bank. It appears that at a later point, he had made it as security for advancement of loan from the KSIDC as well. The KSIDC in due course when there was default in repayments, taken resort to revenue recovery proceedings against him, as he was admittedly personally liable for Rs.30.17 lakhs payable against buyback of shares held by KSIDC in the company floated. According to the appellant, he had found a means to settle some of the dues payable and a request was made by him on 28-03-2006 requesting the KSIDC to withdraw the revenue recovery proceedings. He was advised by the General Manager and Secretary of the Corporation, by Ext.P8 letter dated 28-03-2006, inter alia as following: