Saju. M Ismail vs The Manager

Kerala High Court

Saju. M Ismail vs The Manager on 7 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE JOHNSON JOHN
        TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                       WP(C) NO. 16958 OF 2024
PETITIONER:

            SAJU. M ISMAIL
            AGED 51 YEARS
            S/O ISMAIL KHAN,PEZHUMKATTIL VEEDU NADAKKAL PO,
            ERATTUPETTA , KOTTAYAM, PIN - 686121
            BY ADV PRAVEEN K. JOY


RESPONDENTS:

    1       THE MANAGER
            KERALA STATE FINANCIAL ENTERPRISES LIMITED LOAN UNIT,
            KANJIKUZHY, KOTTAYAM, PIN - 686004

    2       KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
            LOAN UNIT, KANJIKUZHY, KOTTAYAM,
            REP BY ITS RECOVERY OFFICER, PIN - 686004

    3       SPECIAL DEPUTY TAHSILDHAR (RR)
            KERALA STATE FINANCIAL ENTERPRISES LTD.,
            MADUKANNI CENTRE, MUTTAMBALAM PO,
            KOTTAYAM, PIN - 686004

    4       DISTRICT COLLECTOR
            COLLECTORATE, KOTTAYAM-KUMALY ROAD,
            KOTTAYAM, PIN - 686002


OTHER PRESENT:

            SC-P.C.ANIL KUMAR
            GP-E.G. GORDEN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16958 OF 2024
                                   2



                           JUDGMENT

The learned Counsel for the petitioner submitted that Ext.P8 petition in connection with the loan availed by the petitioner from KSFE is pending before the 4th respondent- District Collector, and there is a proposal to sell portion of the property of the petitioner to clear the debt, and that the said petition is to be disposed of urgently on merits.

2. Heard the learned Counsel for the petitioner, the learned Standing Counsel appearing for the respondents 1 and 2 and the learned Government Pleader appearing for the respondents 3 and 4.

3. Both sides conseded that the 4th respondent can be directed to dispose of Ext.P8 petition on merits within a period of two months from the date of receipt of a copy of this judgment.

4. Accordingly, the 4th respondent is directed to dispose of Ext.P8 petition on merits within a period of two months from the date of receipt of a copy of this judgment. There will be no coercive steps against the petitioner till the disposal of Ext.P8 petition on merits by the 4th respondent.

The writ petition is disposed of as above.

Sd/-

JOHNSON JOHN JUDGE LU WP(C) NO. 16958 OF 2024 3 APPENDIX OF WP(C) 16958/2024 PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPH OF PETITIONERS PROPERTY EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE OF RASSIYA BEEGAM ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, KOTTAYAM MUNICIPALITY DATED 11.02.2022 EXHIBIT P3 A TRUE COPY OF THE DEATH CERTIFICATE OF MUHAMMED ISMAYILKHAN ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, ERATTUPETTA MUNICIPALITY DATED

05.11.2023 EXHIBIT P4 A TRUE COPY OF THE RECEIPT FOR RS 6,00,000 ISSUED BY THE RESPONDENTS DATED 22.12.2022 EXHIBIT P5 A TRUE COPY OF THE RECEIPT FOR RS2,00,000 ISSUED BY THE RESPONDENTS DATED 23.01.2023 EXHIBIT P6 THE TRUE PHOTOCOPY OF THE NOTICE ISSUED BY 3RD RESPONDENT UNDER SECTION 7 DATED 24.07.2023, RECEIVED ON 15.04.24 EXHIBIT P7 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY 3RD RESPONDENT UNDER SECTION 34 DATED 24.07.2023, RECEIVED ON 15.04.24 EXHIBIT P8 TRUE PHOTOCOPY OF THE PETITION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 18.04.2024 // True Copy // PA To Judge