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Kerala High Court
T.K. Gangan Menon vs Authorised Officer on 20 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16419/2024 1/3 Order Date : 20-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Monday, the 20th day of May 2024 / 30th Vaisakha, 1946
WP(C) NO. 16419 OF 2024
PETITIONER:
T.K. GANGAN MENON, AGED 63 YEARS , S/O. THERAMBATTIL PADMAVATHI
AMMA, 19/447, THERAMBATTIL HOUSE, CHALAPPURAM (P.O), KOZHIKODE, PIN
- 673002
RESPONDENTS:
1. AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LIMITED,
KALLAI ROAD, KOZHIKODE,NOW KERALA BANK), PIN - 673002
2. THE BRANCH MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK,KALLAI ROAD
MAIN BRANCH, KALLAI ROAD, CHALAPPURAM (P.O), KOZHIKODE, (NOW KERALA
BANK)., PIN - 673002
3. THE CALICUT CO-OPERATIVE URBAN BANK LIMITED, KALLAI ROAD, KOZHIKODE,
REPRESENTED BY ITS MANAGER, PIN - 673002
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order, directing the respondents 1 and 2 not to effect
sale of the mortgaged property, pending final disposal of the above writ
petition (civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S R.BINDU (SASTHAMANGALAM) & G.RAJAGOPAL (KUMMANAM), Advocates for the
petitioner, M/S DEVAPRASANTH P.J & SMINI JOSE, Advocate for R3, the court
passed the following:
WP(C) No.16419/2024 2/3 Order Date : 20-05-2024
N. NAGARESH, J.
--------------------------------------------
W.P.(C) No.16419 of 2024
-------------------------------------------------
Dated this the 20th day of May, 2024
ORDER
Standing Counsel for the 1st respondent vehemently opposed the writ petition and submits that this is the third round of litigation and the total outstanding amount would come to ₹40,41,564/- as on 20.05.2024.
2. Standing Counsel to file a statement. In the meanwhile, if the petitioner remits an amount of ₹10 lakhs within a period of three weeks, there will be an interim order staying further coercive proceedings against the petitioner till 11.06.2024.
Post on 11.06.2024.
Sd/-
N. NAGARESH JUDGE ams WP(C) No.16419/2024 3/3 Order Date : 20-05-2024 APPENDIX OF WP(C) 16419/2024 Exhibit -P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P (C) NO. 4083/2021 DATED 04.03.2021. Exhibit -P2 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 27.03.2024 IN R.P. NO. 148/2022 IN W.P (C) NO. 4083/2021.
Exhibit -P3 TRUE COPY OF THE APPLICATION DATED 08.03.2022 SUBMITTED BY THE PETITIONER.
Exhibit -P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 01.08.2022.
Exhibit -P5 TRUE COPY OF THE SURVEY SKETCH OF THE PROPERTY. Exhibit -P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE KOZHIKODE CORPORATION DATED 13.12.2023.
Exhibit -P7 TRUE COPY OF THE APPLICATION FOR PERMIT SUBMITTED BY THE PETITIONER DATED 25.03.2024. Exhibit -P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 DATED 15.03.2024.