Surendranatha Swamy vs The Recovery Officer

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 15267 OF 2022
PETITIONER/S:

     1     SURENDRANATHA SWAMY,
           AGED 58 YEARS
           S/O. KRISHNA PILLAI, 'GEETHANJALI', ENNAKKAD P.O,
           CHENGANNUR, ALAPPUZHA 689 624.
     2     ANILA S. NATH @ ANILA B,
           AGED 52 YEARS
           W/O. SURENDRANATHA SWAMY, 'GEETHANJALI', ENNAKKAD P.O,
           CHENGANNUR, ALAPPUZHA 689 624.
          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN


RESPONDENT/S:

    1     THE RECOVERY OFFICER,
          DEBTS RECOVERY TRIBUNAL II, 2ND FLOOR, KSHB BUILDING,
          PANAMPILLY NAGAR, ERNAKULAM , KOCHI 682 036.
    2     BRANCH MANAGER,
          STATE BANK OF INDIA, SUCCESSOR OF STATE BANK OF
          TRAVANCORE, ENNAKKAD BRANCH, ENNAKKAD P.O, CHENGANNUR,
          ALAPPUZHA 689 624
    3     SECRETARY,
          BUDHANOOR GRAMA PANCHAYATH, ENNAKKAD P.O, CHENGANNUR,
          ALAPPUZHA 689 624.
          BY ADV TOM K.THOMAS


OTHER PRESENT:

          SC M. JITESH MENON


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15267 OF 2022
                                2

                      JUDGMENT

Dated this the 01st day of June, 2022 The prayer in this writ petition is to quash Ext.P7 notice for public auction of the petitioner's immovable property given as security for a loan availed from the State Bank of India. The only ground urged is that the Budhanoor Grama panchayat is proposing to purchase the petitioner's property and if that process is expedited, the petitioner will be able to settle all his debts.

2. Learned Counsel for the petitioner submitted that the limited relief sought is to direct the third respondent to expedite the process initiated by Ext.P6. Learned Standing Counsel for the Bank draws attention to Ext.P4 judgment rendered in an earlier writ petition filed by the petitioner seeking the same relief. Therein, this Court had directed him to pay the amount outstanding in five equated monthly installments. It is submitted that no amount was paid after the judgment and Ext.P6, on which WP(C) NO. 15267 OF 2022 3 reliance is now placed, was issued prior to Ext.P4 judgment.

In the light of the directions in Ext.P4 judgment, which the petitioner has not complied with, the petitioner is not entitled for any relief in this writ petition. It is for the petitioner to approach the Bank and request for extending the benefit of One Time Settlement or repayment in installments, as the case may be.

The Writ Petition is dismissed without prejudice to the petitioner's right to approach the Bank for appropriate relief.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 15267 OF 2022 4 APPENDIX OF WP(C) 15267/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ARRANGEMENT DATED 2.11.2009.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.

1803/2003 DATED 11.12.2003 OF SRO CHENGANNUR.

Exhibit P3 TRUE COPY OF THE ORDER DATED 27.1.2022 IN W.P.C NO. 2685/2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 21.2.2022 IN W.P.C NO. 2685/2022. Exhibit P5 TRUE COPY OF THE NOTICE DATED 23.2.2022.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 25.11.2021 NO. A3- 3021/2021.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 6.4.2022.