Kerala High Court
Manoj Kunju Kunju vs The State Of Kerala on 23 November, 2021
WP(C) No.26296/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
WP(C) NO. 26296 OF 2021(J)
PETITIONER:
MANOJ KUNJU KUNJU, AGED 43 YEARS, PROPRIETOR, M/S MOUNT MORIA
CASHEW, CHERUVAKKAL P.O, AYOOR, VIA KOLLAM, PIN-691533.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
FISHERIES, PORTS, ENVIRONMENT & INDUSTRIES (COIR & CASHEW), MAIN
BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695033.
2. THE STATE LEVEL BANKER'S COMMITTEE (SLBC), REPRESENTED BY DEPUTY
GENERAL MANAGER, SLBC KERALA, SLBC CELL, CANARA BANK, CIRCLE OFFICE,
CANARA BANK BUILDING, M G ROAD, THIRUVANANTHAPURAM-695001.
3. THE CATHOLIC SYRIAN BANK LTD, REPRESENTED BY THE CHIEF MANAGER,
KERALA, CATHOLIC SYRIAN BANK LTD, HEAD OFFICE, ST.MARY'S COLLEGE
ROAD, THRISSUR-680020.
4. THE AUTHORIZED OFFICER, CHIEF MANAGER-LAW, M/S CATHOLIC SYRIAN BANK
LTD, ZONAL OFFICE, THIRUVANANTHAPURAM.
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 direct the 3rd respondent not to proceed with the recovery
steps including taking physical possession of the petitioner's cashew
factories pursuant to Ext.P27 invoking the provisions of the SARFAESI Act,
pending decision on the writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. N.D.PREMACHANDRAN & D.AJITHKUMAR Advocates for the petitioner,
GOVERNMENT PLEADER for respondent 1,SRI.PAULY MATHEW MURICKAN Advocate for
respondent 2 and of SRI. C.A.JOY, Advocate for respondents 3 & 4, the
court passed the following:-
WP(C) No.26296/2021 2/3
BECHU KURIAN THOMAS, J.
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W.P.(C) No.26296 of 2021
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Dated this the 23rd day of November, 2021
ORDER
Admit. The learned Government Pleader takes notice for
the first respondent. Adv.Pauly Mathew Murickan takes notice for
the 2nd respondent. Adv.C.A.Joy takes notice for respondents 3 and
4.
2. Respondents 1 and 2 are directed to place on record the
proceedings initiated till date for revival of the cashew industry. Having
regard to the averments in the writ petition, the 2 nd respondent shall file a
statement whether any decision has been taken pursuant to Ext.P12
judgment relating to the case of the petitioner.
Post on 30.12.2021.
Till then, the petitioner shall not be dispossessed pursuant to
Ext.P27.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
23-11-2021 /True Copy/ Assistant Registrar
WP(C) No.26296/2021 3/3
APPENDIX OF WP(C) 26296/2021
Exhibit P12 TRUE COPY OF JUDGMENT DATED 10.04.2019 OF THIS HON'BLE
COURT IN WPC 11505 OF 2019.
Exhibit P27 TRUE COPY OF COMMUNICATION DATED 10.11.2021 TO THE
PETITIONER FROM THE ADVOCATE COMMISSIONER APPOINTED BY
THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM.
