Kerala High Court
Indira A vs Kerala State Financial Enterprises on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15331 OF 2024
PETITIONER:
INDIRA A.,
AGED 48 YEARS, W/O. AJITH,
KANJIRAKKAT,
THIRUNALLOOR P.O., CHERTHALA,
ALAPPUZHA, PIN-688 541.
BY ADV PAUL JOHN
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES,
BHADRATHA, MUSEUM ROAD, THRISSUR, PIN-680 020
REPRESENTED BY ITS MANAGING DIRECTOR
2 THE MANAGER,
PATTANAKKADU BRANCH,
KERALA STATE FINANCIAL ENTERPRISES,
PATTANAKKADU, CHERTHALA, ALAPPUZHA, PIN-688 531.
3 THE MANAGER,
CHERTHALA BRANCH,
KERALA STATE FINANCIAL ENTERPRISES,
CHERTHALA, ALAPPUZHA, PIN-688 524.
SRI.SALIL NARAYANAN K.A., STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.15331 of 2024
-:2:-
JUDGMENT
Dated this the 12th day of April, 2024 Amidst the various allegations, averments and assertions made and urged in this writ petition, what really the petitioner requires is a direction to the Kerala State Financial Enterprises ("KSFE") to revalue his property, which had been mortgaged by her as collateral security for a loan availed earlier.
2. Sri.Salil Narayanan - learned Standing Counsel for the "KSFE", very fairly submitted that, even though the petitioner's property has been valued at least twice before, if he requires it to be done again and is willing to accept the expenses for the same to be debited to his account, his client will have no objection in doing so.
3. The learned counsel for the petitioner - Sri.Paul John, acceded to the afore suggestion.
4. In the afore circumstances, I allow this Writ Petition and direct the Competent Authority of the respondent -
"KSFE" to once again conduct the valuation of the petitioner's property, in his presence if he is interested; thus culminating W.P.(C) No.15331 of 2024 -:3:- in an appropriate valuation report - a copy of which will be given to her, without any avoidable delay.
5. Needless to say, all further recovery action pursuant to Ext.P6 - which is stated to be only a notice issued by the Branch - will stand deferred until the afore is done and the valuation report communicated to the petitioner.
It is further clarified that I have not entered into the merits of any of the other contentions and that all of them are left open.
Sd/-
DEVAN RAMACHANDRAN JUDGE bpr W.P.(C) No.15331 of 2024 -:4:- APPENDIX OF WP(C) 15331/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF VALUATION REPORT DATED 13-06-2023.
Exhibit P2 A TRUE COPY OF VALUATION REPORT DATED 2019.
Exhibit P3 A TRUE COPY OF VALUATION REPORT DATED 12-07-2023.
Exhibit P4 A TRUE COPY OF LETTER GIVEN BY PETITIONER.
Exhibit P5 A TRUE COPY OF VALUATION REPORT DATED 07.09.2023 BY PETITIONER.
Exhibit P6 A TRUE COPY OF DEMAND NOTICE DATED 07.03.2024 FROM 3ED RESPONDENT.