Antony Abraham vs The Deputy Tahsildar
2021 Latest Caselaw 15653 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                       WP(C) NO. 23048 OF 2017
PETITIONERS:

    1       ANTONY ABRAHAM
            AGED 84 YEARS, S/O. ABRAHAM,
            KUREEKUNNEL HOUSE, MEMADANGU.PO.,
            VIA VAZHAKULAM, ERNAKULAM DISTRICT

    2       VARGHESE ANTONY
            AGED 42 YEARS, S/O. ANTONY,
            KUREEKUNNEL HOUSE, MEMADANGU.PO.,
            VIA VAZHAKULAM, ERNAKULAM DISTRICT

    3       JILA VARGHESE
            AGED 37 YEARS,
            W/O. VARGHESE ANTONY KUREEKUNNEL HOUSE,
            MEMADANGU.PO., VIA VAZHAKULAM,
            ERNAKULAM DISTRICT

    4       SAJI.P.N
            AGED 42 YEARS, S/O. NARAYANA PILLAI,
            PULIVELIL HOUSE, MULLAPUZHACHAL PO.,
            ERNAKULAM DISTRICT.

            BY ADVS.
            SRI.G.HARIHARAN
            SRI.PRAVEEN.H.


RESPONDENTS:

    1       THE DEPUTY TAHSILDAR
            MUVATTUPUZHA,
            ERNAKULAM DISTRICT PIN-686661

    2       STATE BANK OF INDIA
            REGIONAL BUSINESS OFFICE 3,
            ERNAKULAM 2ND FLOOR, V.S.TOWER,
            KACHERITHAZHAM, MUVATTUPUZHA,
            ERNAKULAM DISTRICT PIN-686661
            REPRESENTED BY ITS AUTHORISED OFFICER

    3       MRS.SINCEY.A.H
            ADVOCATE COMMISSIONER APPOINTED IN MC.NO.46/2007,
            BAR ASSOCIATION,
 WP(C).No.23048 OF 2017

                                     2


              ERNAKULAM PIN-682011

      4       THE VILLAGE OFFICER
              ENANALLUR VILLAGE,
              MUVATTUPUZHA,
              ERNAKULAM DISTRICT PIN-686661


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23048 OF 2017

                                     3




                               JUDGMENT

Dated this the 27th day of July 2021

It is submitted by the learned counsel

appearing on either side that the entire loan

amount has been settled and nothing further

survives for consideration in the writ petition.

Accordingly, this writ petition is closed.

Sd/-

GOPINATH P.

VPK JUDGE WP(C).No.23048 OF 2017

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 17.10.2015 ISSUE DBY THEVAZHAKKULAM BRANCH OF THE M/S STATE BANK OF INDIA IN THE NAME OF THE PETITIONER ALONG WITH TWO OTHERS

EXHIBIT P2: TRUE OF THE NOTICE DATED 17.08.2016 ISSUED BY THE REGIONAL BUSINESS OFFICE OF THE STATE BANK OF INDIA, MUVATTUPUZHA

EXHIBIT P3: TRUE COPY OF THE POSSESSION NOTICE DATED 24.10.2016 ISSUED BY THE REGIONAL BUSINESS OFFICE OF THE M/S STATE BANK OF INDIA MUVATTUPUZHA

EXHIBIT P4: TRUE COPY OF THE REPLY NOTICE DATED 31.10.2016 SENT BY THE 1ST PETITIONER ADDRESSED TO THE REGIONAL BUSINESS OFFICE

-3 OF THEMS/ STATE BANK OF INDIA AT MUVATTUPUZHA

EXHIBIT P5: TRUE COPY OF NOTICE DATED 23.03.2017 ISSUE DBY THE ADVOCATE COMMISSIONER AND RECEIVED ON 27.03.2017 BY THE 1ST PETITIONER

EXHIBIT P6: TRUE COPY OF THE PHOTOGRAPH EVIDENCING AFFIXTURE OF BOARD OF TAKING POSSESSION OF THE PROPERTY OF THE 1ST PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P7: TRUE COPY OF THE CAVEAT PETITION DATED 07.04.2017 FILED BY THE 2ND RESPONDENT

EXHIBIT P8: TRUE COPY OF THE DEMAND NOTICE NO.96/17-18 DATED 20.05.2017 ISSUE DBY THE 1ST RESPONDENT AGAINST THE PETITIONERS 1 TO 3 DEMANDING A SUM OF RS.48,43,627/-

EXHIBIT P9: TRUE COPY OF THE DEMAND NOTICE NO,97/17-18 DATED 20.5.2017 ISSUE DBY THE 1ST RESPONDENT AGAINST THE PETITIONERS 1,2,AND 4 DEMANDING A SUM OF RS.7,49,710/-