Markose Kuzhalanattu vs Chief Manager
2021 Latest Caselaw 7311 Ker

WP(C).No.463 OF 2021(G)
                                  1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.463 OF 2021(G)


PETITIONER/S:

      1         MARKOSE KUZHALANATTU
                AGED 51 YEARS
                S/O. K. M. ABRAHAM, PROPRIETOR, M/S SONIA PALM
                SPRINGS, KUZHALANATTU (H), MANNATHUR P. O.,
                MUVATTUPUZHA.

      2         SARA MARKOSE
                AGED 41 YEARS
                W/O. MARKOSE, KUZHALANATTU (H), MANNATHUR P. O.,
                MUVATTUPUZHA.

                BY ADV. SRI.L.RAJESH NARAYAN

RESPONDENT/S:

      1         CHIEF MANAGER, KERALA FINANCIAL CORPORATION
                BRANCH OFFICE, FINANCE TOWER, KALOOR, ERNAKULAM -
                682 017.

      2         MANAGING DIRECTOR
                KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,
                TRIVANDRUM - 695 003.

      3         DEPUTY TAHSILDAR (RR)
                KERALA FINANCIAL CORPORATION, ERNAKULAM - 682 017.

                 ADV. SRI.M.R.VENUGOPAL
                 ADV. SMT.DHANYA P.ASHOKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.463 OF 2021(G)
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                                  JUDGMENT

Dated this the 2nd day of March 2021

The petitioners who had availed loan from the Kerala

Financial Corporation has filed this Writ Petition aggrieved by

Ext.P3 notice issued on 02.12.2020 for e-auction of the property

which was given towards security. It is stated that the said

notice issued without considering the objections raised against

Ext.P1 notice for fixing of reserved price to which petitioners

have submitted Ext.P2 reply. It is stated that loan was availed

for starting a bar attached hotel. Petitioners filed this Writ

Petition stating that they have already completed 80% of the

construction and could not start the project on account of

various hindrances and natural calamities. Petitioners have

along with I.A.No.1/2021 produced Ext.P4 representation

submitted before the respondents in which they have requested

for the benefit of OTS and also for permission to make payment

in installments.

2. I heard the learned Standing Counsel who pointed out

that petitioners are prolonged defaulters. It is stated that the

property was already taken over under section 29 and no payment

has been made by the petitioners.

At any rate petitioners have approached respondents 1 and

2 with Ext.P4 representation. Therefore, the Writ Petition is

disposed of, with a direction to the 1st respondent to consider WP(C).No.463 OF 2021(G)

Ext.P4 representation and pass orders on the same after hearing

them within a period of three weeks from the date of receipt of

a copy of the judgment.

Sd/-

                                         P.V.ASHA

rkc                                        JUDGE
 WP(C).No.463 OF 2021(G)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE NOTICE DATED 09.11.2020
                     NO.KFC/EKM/741/2020.

EXHIBIT P2           TRUE COPY OF THE REPLY DATED 19.11.2020.

EXHIBIT P3           TRUE   COPY   OF   THE   NOTICE   OF        SALE

NO.KFC/EKM/830/2020 DATED 02.12.2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 25.1.2021