Thaha Mohammad vs The Authorised Officer
2021 Latest Caselaw 17495 Ker

WP(C) No.16600/2021                      1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE A.M.BADAR
             Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
                             WP(C) NO. 16600 OF 2021
   PETITIONER:

          THAHA MOHAMMAD, S/O.HASSANARU KUNJU,
          KACHITHARAYIL, KOTTACKUPURAM, KLAPPANA P.O.,
          KARUNAGAPALLY, KOLLAM DISTRICT.


   RESPONDENTS:


      1. THE AUTHORISED OFFICER, FEDERAL BANK LIMITED, LCRD MAVELIKKARA,
         SATELLITE DIVISION, MAVELIKKARA, KOLLAM DISTRICT-690101.
      2. THE MANAGER, FEDERAL BANK LIMITED, KAYAMKULAM BRANCH, KAYAMKULAM,
         KOLLAM DISTRICT-690502.
      3. MR.SULPHI, SOLE PROPRIETOR, M/S. AYIRATH MOTORS, AYIRATH VEEDU,
         KOTTUKULANGARA, KAYAMKULAM P.O., ALAPPUZHA-690502.
      4. SAINUDHEEN KUNJU, AYIRATH VEEDU, KOTTUKULANGARA, KAYAMKULAM P.O.,
         ALAPPUZHA-690502.
      5. AMINA, W/O. SAINUDHEEN KUNJU, AYIRATH VEEDU, KOTTUKULANGARA,
         KAYAMKULAM P.O., ALAPPUZHA-690502.


        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 stay all further proceeding in Exhibit - P5 petition ie
   C.M.P.NO.1181/2021 pending before the C.J.M. Court, Kollam, pending
   disposal of the Writ Petition (Civil).


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this court's order dated
   12.08.2021 and upon hearing the arguments of M/S.ANANDA KRISHNAN T.K.,
   RENIL ANTO KANDAMKULATHY & JANAKI KRISHNAN A, Advocates for the petitioner
   and of STANDING COUNSEL for R1 & R2, the court passed the following:
 WP(C) No.16600/2021                        2/2

                                       ORDER

The petition as framed and filed is not maintainable as the petitioner has alternate and most efficacious remedy in the light of judgment of the Hon'ble Apex Court in the matter of Authorized Officer, State Bank of Travancore & Another Vs. Mathew K.C. ((2018) 3 SCC.85) (DB).

The learned counsel for the respondent submits that no trade activties are taking place at the premises of the petitioner. If that is so, the respondents are free to file their statement opposing the petition. Post after six weeks. In the meanwhile, interim relief to continue.

26.08.2021

Sd/-

A.M.BADAR

JUDGE

26-08-2021 /True Copy/ Assistant Registrar