Gopi G vs The Authorised Officer And Chief ...
2021 Latest Caselaw 18768 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 7553 OF 2021
PETITIONERS:

    1     GOPI G
          AGED 49 YEARS
          S/O.GOVINDAN, GOPI SADANAM, VIRINJAM, KARAMCODE,
          KALLUVATHUKKAL, KOLLAM 691579

    2     SHEELA C.
          AGED 45 YEARS
          W/O.GOPI, GOPI SADANAM, VIRINJAM, KARAMCODE,
          KALLUVATHUKKAL, KOLLAM 691579

          BY ADV MEENU THAMPI



RESPONDENT:

          THE AUTHORISED OFFICER AND CHIEF MANAGER
          STATE BANK OF INDIA, RASMEC, LAZER SQUARE, NEAR
          KULANGARA SREEKRISHNA TEMPLE, KAZHAKKOOTTAM P.O.,
          THIRUVANANTHAPURAM 695 582

          BY ADV SHRI.JAWAHAR JOSE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 7553 of 2021
                                      2



                        BECHU KURIAN THOMAS, J.

                     ----------------------------------------
                          WP(C) No. 7553 of 2021
                     ----------------------------------------
                 Dated this the 9th day of September, 2021

                               JUDGMENT

The writ petition is filed seeking a direction to the

respondent to refrain from taking physical possession of the

property belong to the petitioners pursuant to Ext.P3 notice.

2. The respondent has filed a counter affidavit referring

to a writ petition that was filed by the petitioner as

WP(C)No.26980/2019. The judgment in the said writ petition is

produced as Ext.R1(a).

3. A perusal of Ext.R1(a) reveals that petitioner was

granted an opportunity to seek the facility of instalments for

payment of the outstanding amount and as a condition the

petitioner was directed to deposit 1/4th of the overdue amount

of Rs.7,83,660/- within four weeks from 14.10.2019.

4. The respondent in its affidavit affirms that the said

deposit as directed by this Court has not been made. It is also WP(C) No. 7553 of 2021

seen that the present writ petition does not mention the filing of

WP(C)No.26980/2019.

In view of the aforesaid, the extra ordinary jurisdiction

under Article 226 of the Constitution cannot be invoked in

favour of the petitioner and accordingly, the writ petition is

dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/09.09.2021 WP(C) No. 7553 of 2021

APPENDIX OF WP(C) 7553/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONERS DATED 11.5.2018

EXHIBIT P2 THE TRUE COPY OF THE ORDER OF THE CJM COURT, KOLLAM IN MC NO.553/2019 DATED 16.8.2019

EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 4.3.2021

EXHIBIT P4 THE TRUE COPY OF THE COVID -19 TEST REPORT OF ONE NEETHU RAJEEV DATED 16.3.2021

RESPONDENT EXHIBITS

EXHIBIT R1 TRUE COPY OF THE JUDGMENT DATED 14/10/2019 IN WPC.NO.26980/2009 OF THIS HON'BLE COURT.