Kerala High Court
P.A.Prakash vs The Kerala State Financial ... on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.3378 OF 2021(V)
PETITIONER:
P.A.PRAKASH
AGED 56 YEARS
S/O. APPUKUTTAN, VADAKKEDATH HOUSE, EZHACHERIKARA,
EZHACHERI P.O., KOTTAYAM DISTRICT-686574.
BY ADVS.
SRI.P.CHANDRASEKHAR
SRI.K.K.MOHAMED RAVUF
SHRI.SATHEESH V.T.
SMT.MANJARI G.B.
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
BHADRATHA, MUSEUM ROAD, THRISSUR-680020.
2 THE GENERAL MANAGER,
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
2ND FLOOR, K.O. VARGHESE MEMORIAL BUILDING,
BAKER JUNCTION, KOTTAYAM-686001.
3 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
REPRESENTED BY ITS BRANCH MANAGER,
KOLLAPPALLY BRANCH, BRANCH CODE NO.499,
ANTHINAD P.O., PIN-686651.
OTHER PRESENT:
SRI.ARUN ANTONY, SC, KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3378 OF 2021(V)
2
J U D G M E N T
Petitioner, who had applied for a Housing Loan
from the respondents and was sanctioned as per Ext.P1
letter dated 12.10.2020, is aggrieved by Ext.P4
letter stating that the Housing Loan has been
cancelled on the ground that there is an Original
Suit pending before the Munisiff Court in respect of
the properties. Petitioner points out that even
though O.S.No.38 of 2020 was filed by the 3 rd party
before the Sub Court, Pala and an order was passed in
I.A.No.1 of 2020 that has already been modified
lifting the attachment in respect of all items of
properties except item No.4 which belongs to the wife
of the petitioner along with the residential
building. Pointing out that there is no attachment as
far as the other items of properties which is offered
as security to the respondents towards the Housing
WP(C).No.3378 OF 2021(V)
Loan, petitioner has approached the 3 rd respondent
with Ext.P5 representation producing all the relevant
documents including incumbent certificate.
2. I heard Shri Arun Antony, learned Standing
Counsel also, who submitted that when there is an
Original Suit, Housing Loan cannot be granted.
3. However, the learned counsel for the
petitioner points out that as per Ext.P3 order passed
by the Sub Court, Pala on 04.12.2020 there is no
attachment in respect of the properties offered as
security before the respondents for availing House
Loan and therefore, the cancellation of loan already
sanctioned is highly unfortunate.
As the petitioner has already approached the 3 rd
respondent, there shall be a direction to the 3 rd
respondent to consider Ext.P5 representation and to
pass appropriate orders taking note of Ext.P3 order,
after affording an opportunity of hearing to the
petitioner, within a period of 'two weeks' from the
WP(C).No.3378 OF 2021(V)
date of receipt of a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.3378 OF 2021(V)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED
12/10/2020 OF THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE IA NO.1/2020 IN OS
NO.38/2020 BEFORE THE SUB COURT, PALA.
EXHIBIT P3 TRUE COPY OF THE ORDER IN IA NO.1/2020
IN OS NO.38/2020 DATED 04/12/2020 OF
THE SUB COURT, PALA.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED
02/11/2020 OF THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
18/12/2020 OF THE PETITIONER TO THE
3RD RESPONDENT.
