IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
YUSUF K.P – Appellant
Versus
DISTRICT COLLECTOR, THRISSUR – Respondent
JUDGMENT
The 1st petitioner had availed a loan of Rs. 35,00,000/-
from the 3rd respondent. The said loan was secured by a property having an extent of 38.04 Ares in Re-Survey No.21/21 of Vadakkanchery Village. The 2nd petitioner was a guarantor to the said loan. According to the petitioners, despite the 1st petitioner's property having been mortgaged for the loan, the respondents are now proceeding against the guarantor's property as per Ext.P1 and has threatened the sale of the said property. The petitioners challenge the revenue recovery proceedings.
2. The learned Standing Counsel, upon instructions, submitted that the total liability due from the 1st petitioner as on 03.02.2026 is Rs.47,47,278/- and that the respondents are willing to accept repayment of the same in reasonable instalments.
3. Having heard the learned counsel for the petitioners as well as the learned Standing Counsel for the respondents, I am of the view that this writ petition can be disposed of.
4. The liability of the guarantor is co-extensive with the principal borrower. Neither the borrower nor the guarantor can dictate as to which property should be proceeded against by the lender in the event of default in
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