Dhanya vs The Branch Manager
2021 Latest Caselaw 5588 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.6353 OF 2020(T)

PETITIONER:
               DHANYA
               AGED 28 YEARS
               D/O. LATE MOHAMMED SHAHIRSHA,
               RESIDING AT SELAMATH 'SREE EIGHT', EDAVA P O,
               VARKALA, THIRUVANANTHAPURAM, PIN-695311.
               BY ADVS.
               SRI.A.JANI(KOLLAM)
               SMT.NISA FASIL
               SRI.SAJU WAHAB
RESPONDENTS:
      1        THE BRANCH MANAGER
               THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM
               BRANCH, THIRUVANANTHAPURAM, PIN-695033.
      2        THE CHIEF MANAGER,
               THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM
               BRANCH, THIRUVANANTHAPURAM, PIN-695033.
      3        THE DEPUTY GENERAL MANAGER,
               MANAGER(RECOVERY), LOCAL ADMINISTRATION OFFICE, THE
               KERALA FINANCIAL CORPORATION, VELLAYAMBALAM BRANCH,
               THIRUVANANTHAPURAM, PIN-695033
      4        THE CHAIRMAN AND MANAGING DIRECTOR,
               THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,
               THIRUVANANTHAPURAM, PIN-695033.
      5        M/S. LE MANGALATHU AYURVEDIC BEACH RESORT,
               THIRUVAMBADI, VARKALA, THIRUVANANTHAPURAM DISTRICT,
               REPRESENTED BY SUJI, AGED 55 YEARS, W/O. LATE
               MOHAMMED SHAHIRSHA, RESIDING AT NAZEEM MANSIL,
               VENKULAM, EDAVA, THIRUVANANTHAPURAM, PIN-695311.
      6        ABIDA BEEVI
               AGED 82 YEARS
               W/O. MOHAMMED SHAFI, RESIDING AT MANGALA KUDI HOUSE,
               PARAKKANNI, VARKALA P O, THIRUVANANTHAPURAM DISTRICT,
               PIN-695143.


               SRI.BASANTH BALAJI,SC,KSFE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6353 OF 2020(T)

                              2




                           JUDGMENT

Dated this the 16th day of February 2021

The writ petition is filed by the legal heirs of

late Muhammed Shahirsha, complaining that the property

which was given as security to the Kerala Financial

Corporation is put in auction without issuing them any

notice.

2. The learned Standing counsel on instructions

submits that, even though the notification for auction

was issued, there was no purchaser and auction did not

materialize. In the said circumstances, the petitioner

cannot have any grievance.

The writ petition is accordingly closed.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.6353 OF 2020(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM CORPORATION DATED 22.09.12.

EXHIBIT P2 TRUE COPY OF PATHOLOGY REPORT OF MOTHER OF PETITIONER ISSUED BY RCC, THIRUVANANTHAPURAM DATED 05.12.2019.

EXHIBIT P3 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE ISSUED BY TALUK OFFICE, CHIRAYINKEEZHU DATED 19.12.2012.

EXHIBIT P4 TRUE COPY OF SALE DEED NO.2802/02 OF VARKALA S.R.O. IN FAVOUR OF FATHER OF WRIT PETITIONER DATED 23.07.2002

EXHIBIT P5 TRUE COPY OF VIDE SALE DEED NO.3308/03 OF VARKALA S.R.O. IN FAVOUR OF PARENTS OF PETITIONER DATED 24.07.2003.

EXHIBIT P6 TRUE COPY OF SALE DEED NO. 2417/07 OF VARKALA S.R.O. IN FAVOUR OF PARENTS OF PETITIONER DATED 26.04.2007

EXHIBIT P7 SALE DEED NO.2416/07 OF VARKALA S.R.O. IN FAVOUR OF PARENTS OF PETITIONER DATED 14.06.2007

EXHIBIT P8 TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY SUT HOSPITAL, THIRUVANANTHAPURAM DATED 16.12.2019.

EXHIBIT P9 TRUE COPY OF REPLY TO NOTICE FILED BY MOTHER OF PETITIONER FOR LETTER TO RE- FIXATION OF PROPERTY VALUE DATED 2.10.2019.

EXHIBIT P10 ONLINE E-AUCTION PROCEEDINGS INITIATED BY 3RD RESPONDENT UNDER SECTION 29 OF STATE FINANCIAL CORPORATION ACT DATED 18.01.2020.