Thomas Vijoy vs State Of Kerala
2022 Latest Caselaw 4137 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 13205 OF 2022
PETITIONERS :

          1. THOMAS VIJOY, AGED 34 YEARS,
          S/O.VIJOY THOMAS, SANKARAMANGALAM,
          THENGODE P.O., KAKKANAD,
          COCHIN - 682 030

          2. MARIA VIJOY, AGED 31 YEARS,
          D/O.VIJOY THOMAS, SANKARAMANGALAM,
          THENGODE P.O., KAKKANAD,
          COCHIN - 682 030

          BY ADV ANEESH JAMES


RESPONDENTS :

          1. STATE OF KERALA,
          REPRESENTED BY SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
          TRIVANDRUM - 695 001

          2. THE INDIAN OVERSEAS BANK LTD.,
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
          HEAD OFFICE 763, ANNA SALAI, CHENNAI,
          PIN - 600 002


          3. THE MANAGER, INDIAN OVERSEAS BANK,
          ERNAKULAM, 1ST FLOOR, THEKKEKKARA MANSION,
          M.G.ROAD, ERNAKULAM - 682 035


          4. THE AUTHORISED OFFICER,
          INDIAN OVERSEAS BANK, 1ST FLOOR,
          THEKKEKKARA MANSION, M.G.ROAD,
          ERNAKULAM - 682 035

          BY SRI.SUNIL SHANKER, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13205 OF 2022
                                  2




                  BECHU KURIAN THOMAS, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
                   W.P.(C) No.13205 of 2022
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 7th day of April, 2022


                            JUDGMENT

Petitioners are challenging the proceedings initiated under

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. According to the

petitioners, they are the actual owners of the secured asset and

that, by virtue of an alleged forged sale deed, the borrowers have

created title upon themselves, on the basis of which, the loan was

availed from the 3rd respondent. Petitioners contend that since the

actual title is in the favour of the petitioners and they had not

availed any loan facility from the 3 rd respondent, the proceedings

cannot be initiated against the alleged secured asset.

2. I have heard Sri.Aneesh James, the learned counsel

for the petitioners as well as Sri.Sunil Shanker, the learned Standing

Counsel for respondents 2 to 4.

3. Having regard to the nature of contentions raised

which are all disputed questions of fact and law, I am of the view WP(C) NO. 13205 OF 2022

that the remedy of the petitioners is to move the statutory Tribunal

available under law.

Accordingly, reserving the liberty of the petitioners to

move the Debts Recovery Tribunal or other forum, in accordance

with law, this writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 13205 OF 2022

APPENDIX

PETITIONERS' EXHIBITS :

P1 : A TRUE COPY OF THE SALE DEED NO.1924 OF 2004 OF SRO THRIKKAKARA

P2 : TRUE COPY OF THE POSSESSION NOTICE DATED 24.12.2021 AFFIXED AT THE RESIDENCE OF THE 1ST PETITIONER BY THE OFFICERS OF THE 2ND RESPONDENT.

P3 : TRUE COPY OF THE CERTIFIED COPY OF THE SALE DEED NO.56/1/19 OF THRIKKAKARA SRO

P4 : COPY OF THE COMPLAINT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD AS CRL.M.P.NO.310 OF 2022.

P5 : COPY OF THE FIR IN CRIME NO.269/2022 OF THRIKKAKARA POLICE STATION.

P6 : LEFT HAND THUMP IMPRESSIONS OF THE PETITIONERS.

P7 : TRUE COPY OF THE NOTICE DATD 21.02.2022 ISSUED ON BEHALF OF THE 1ST PETITIONER.

P8 : TRUE COPY OF THE REPLY NOTICE DATED 01.03.2022 ISSUED ON BEHALF OF THE RESPONDENTS 2 AND 3.

P9(a) : TRUE COPY OF THE INVOICE DATED 06.05.2020 ISSUED BY BHARAT SANCHAR INGAM LTD. IN RESPECT OF THE LANDLINE CONNECTION IN THE RESIDENTIAL HOUSE IN EXT.P1 PROPERTY.

WP(C) NO. 13205 OF 2022

P9(b) : TRUE COPY OF THE INVOICE DATED 03.10.2021 ISSUED BY BHARAT SANCHAR NIGAM LTD. IN RESPECT OF THE LANDLINE CONNECTION IN THE RESIDENTIAL HOUSE IN EXT.P1 PROPERTY.

P9(c) : TRUE COPY OF THE INVOICES DATED 03.12.2021 ISSUED BY BHARAT SANCHAR NIGAM LTD. IN RESPECT OF THE LANDLINE CONNECTION IN THE RESIDENTIAL HOUSE IN EXT.P1 PROPERTY.

P10 : TRUE COPY OF THE ELECTRICITY BILL PAYMENT RECEIPT DATED 09.01.2022 IN RESPECT OF THE RESIDENTIAL HOUSE IN EXT.P1 PROPERTY.

P11 : TRUE COPY OF THE PETITION FILED UNDER SECTION 101 OF THE MENTAL HEALTH ACT BEFORE THE STATION HOUSE OFFICER, ALUVA POLICE STATION BY THE FIRST PETITIONER.

P12 : TRUE COPY OF THE APPLICATION FILED BY THE FIRST PETITIONER BEFORE THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI UNDER SECTION 14 OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016.