Kerala High Court

Mrs. Ajeeba M Sahib vs The Federal Bank Ltd on 20 December, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                        WP(C) NO. 39292 OF 2022
PETITIONER/S:

          MRS. AJEEBA M SAHIB, AGED 51 YEARS
          W/O ABDUL KHADER,
          RESIDING AT AARIPPILA HOUSE, PETTAH,
          PATHANAMTHITTA. , PIN - 689645
          BY ADV E.A.BIJUMON


RESPONDENT/S:

    1     THE FEDERAL BANK LTD
          REPRESENTED THROUGH THE AUTHORIZED OFFICER,
          PATHANAMTHITTA BRANCH, P.B NO 14,
          COLLEGE ROAD, ERNAKULAM. , PIN - 689645
    2     MR.SHANMUGHAN CHETTIYAR, AGED 68 YEARS
          S/O VAIRABHAN, RESIDING AT SRIMANGALAM,
          ANANDAPALLY P.O,VIA ADOOR, PATHANAMTHITTA - (1ST
          AUCTION PURCHASER)., PIN - 691525
    3     MR. RAJESH BABU, AGED 44 YEARS
          S/O MR. BABU,
          RESIDING AT KIZHAKKAYIL, CHIRAKADAVU P.O,
          KANJIRAPALLY, KOTTAYAM, (2ND AUCTION PURCHASER)., PIN -
          686506
          BY ADV MOHAN JACOB GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG
WITH W.P.(C) NO.5099 OF 2022 ON 20.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39292 & 5099 OF 2022             2




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                         WP(C) NO. 5099 OF 2022
 AGAINST THE ORDER/JUDGMENTOA 15/2007 OF DEBT RECOVERY TRIBUNAL,
                               ERNAKULAM
PETITIONER/S:

    1     RAJESH BABU, AGED 46 YEARS
          KIZHAKKAYIL, CHIRAKADAVU P.O, KANJIRAPALLY,
          KOTTAYAM, PIN - 686506
    2     SHANMUGHAM CHETTIAR, AGED 71 YEARS
          SREEMANGALAM, ANANDAPALL P.O, ADOOR,
          PATHANAMTHITTA , PIN - 691525
          BY ADVS.
          PAUL JACOB (P)
          SHERU JOSEPH
          SUSANNA K SEBASTIAN
          MATHEW THOMAS


RESPONDENT/S:

    1     RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL
          8TH FLOOR, K.S.H.B BUILDING, PANAMPILLY NAGAR,
          ERNAKULAM, PIN - 682036
    2     THE FEDERAL BANK LTD, REPRESENTED BY ITS MANAGER
          PATHANAMTHITTA BRANCH, P.B NO.14, COLLEGE ROAD,
          PATHANAMTHITTA , PIN - 689645
    3     SAJEEBA SALIM, D/O. LATE K. MEERA SAHIB,
          KALLUMPURAYIDOM, PETTAH MURI, PATHANAMTHITTA VILLAGE,
          KOZHENCHERY TALUK,PATHANAMTHITTA DISTRICT, PIN - 689653
          REPRESENTED BY HER POWER OF ATTORNEY, MUHAMMED NASEEF
          BIN SALIM, KALLUMPURAYIDOM, PETTAH MURI, PATHANAMTHITTA
          VILLAGE, KOZHENCHERY TALUK,PATHANAMTHITTA DISTRICT,
          PIN - 689653
    4     AJEEBA SALIM , W/O. ABDUL KHADER,
          RESIDING AT
          AARIPPILA HOUSE, PETTAH, PATHANATHITTA, PIN - 689645
 WP(C) NO. 39292 & 5099 OF 2022         3




    5     JEEBA SALIM, D/O. LATE MEERA SAHIB,
          KALLUMPURAYIDOM, PETTAH MURI, PATHANAMTHITTA VILLAGE,
          KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT
          , PIN - 689653
    6     NAJIB SALIM, KALLUMPURAYIDOM, PETTAH MURI,
          PATHANAMTHITTA VILLAGE, KOZHENCHERY TALUK,
          PATHANAMTHITTA DISTRICT, PIN - 689653
    7     THE STATION HOUSE OFFICER
          PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA P.O.,
          PIN-689645 ( ( IMPLEADED AS PER ORDER DATED 22.08.2022
          IN I.A.NO.2/2022)
    8     SUPERINTENDENT OF POLICE
          7QFR+4M8, RING ROAD,
          THAZHEVETTIPRAM, PATHANAMTHITTA DISTRICT
          ( IMPLEADED AS PER ORDER DATED 22.08.2022 IN
          I.A.NO.2/2022)
          BY ADVS.
          MOHAN JACOB GEORGE
          P.HARIDAS
          M JAYAKRISHNAN
          P.V.PARVATHY (P-41)
          REENA THOMAS
          NIGI GEORGE
          BIJU HARIHARAN
          SHIJIMOL M.MATHEW
          P.C.SHIJIN
          RISHIKESH HARIDAS
          SHAJI MATHEW N.M.
          Ajai Babu


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG
WITH W.P.(C) NO.39292 OF 2022 ON 20.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39292 & 5099 OF 2022            4




                               JUDGMENT

W.P.(C.) NO.5099 OF 2022

This writ petition was filed projecting the grievance that

despite the petitioners purchasing a property in an auction,

conducted by the Recovery Officer attached to the Debts

Recovery Tribunal as early as on 29.11.2010, the possession of

the properties in question have not been obtained by the

petitioners.

2. When this matter is taken up for consideration

today, it is not disputed before me that in furtherance of

various orders issued by this Court in this writ petition, the

petitioners have obtained possession of the property in

question. Learned counsel appearing for the petitioners

would submit that all that remains is the removal of certain

movable items left behind by the occupants, who were

occupying the property .

3. Considering the submissions as above, I am of the

view that in respect of the movable items, it will be more

appropriate, if the petitioner is left at liberty to move the

Recovery officer.

Accordingly, the writ petition is closed, permitting the

petitioners to approach the Recovery officer attached to the

Debts Recovery Tribunal, for any orders regarding removal of

movable items left behind by the previous occupants.

W.P.(C.) No.39292 OF 2022

This writ petition is filed by one Ajeeba M. Sahib,

claiming to be the legal heir of deceased first defendant in O.A.

No.15 of 2007. The property, which is subject matter of W.P.

(C.) No.5099 of 2022 was sold in furtherance of a recovery

certificate issued in O.A. No.15 of 2007. According to the

petitioner, the sale conducted by the Recovery Officer is illegal

and improper.

2. I am of the view that the contentions taken by the

petitioner cannot be considered in a writ petition under Article

226 of the Constitution of India.

Accordingly, this writ petition is closed, making it clear

that it will be open to the petitioner to avail statutory remedies

(if any) available to the petitioner.

sd/-

GOPINATH P.,JUDGE ajt

APPENDIX OF WP(C) 39292/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCLAMATION OF SALE IN DRC NO. 2695/FB BY THE RECOVERY OFFICER, DRT, KERALA AT ERNAKULAM DATED 06.10.2010. Exhibit P2 TRUE COPY OF THE ORDER OF CONFIRMATION OF SALE IN DRC NO. 2695 IN O.A. NO. 15/2007 BEFORE DRT, KERALA AT ERNAKULAM DATED 31.12.2010.

Exhibit P3 TRUE COPY OF CERTIFICATE OF SALE ISSUED TO RESPONDENTS 2 AND 3 IN DRC NO. 2695 IN O.A. NO. 15/2007 BEFORE DRT, KERALA AT ERNAKULAM DATED 21.01.2011.

Exhibit P5 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 10.11.2022.

APPENDIX OF WP(C) 5099/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE CONFIRMATION DATED 31.12.2010 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE SALE CERTIFICATE DATED 21.01.2011 IN DRC 2695 IN O.A. NO. 152007 Exhibit P3 TRUE COPY OF THE ORDER OF DELIVERY OF POSSESSION DATED 16.02.2011 ISSUED BY THE 1ST RESPONDENT Addl. Exhibit P4 True copy of the interim order dated 07.02.2022 in WP(C) No. 3853 of 2022 Addl. Exhibit P5 True copy of the judgment dated 24.03.2022 in WP(C) No. 3853 of 2022 Addl. Exhibit P6 True copy of the judgment dated 04.05.2022 in W.A 554 of 2022 Addl. Exhibit P7 True copy of the judgment dated 30.05.2022 in WP(C) 15990 of 2022 Addl. Exhibit P8 True copy of the proceedings dated 06.06.2022 in TDRC No. 437 of 2016 (DRC 2695) Addl. Exhibit P9 True copy of the notice dated 04.07.2022 issued by the 1st respondent Recovery Officer2022-08-12 Addl. Exhibit P10 True copy of the order of appointment of the Advocate Commissioner by the 1st respondent dated 03.08.2022 Addl.Exhibit P11 True copy of the notice issued by the Advocate Commissioner on 03.08.2022 Addl. Exhibit P12 True copy of the notice issued by the Advocate Commissioner on 05.08.2022 Addl. Exhibit P13 True copy of the order issued by the 1st respondent Recovery Officer dated 08.08.2022

RESPONDENT EXHIBITS Exhibit R3(a) TRUE COPY OF THE PROCEEDINGS SHEET FROM 17/02/2010 TO 09/11/2010.

Exhibit R3-1 Judgment dated 30.05.2022 in WP(C) No.15990/2022 issued by this Honourable High Court Exhibit R3- 2 IA No.1/2022 in WP(C) No.15990/2022 for extension of time

RESPONDENT ANNEXURES Annexure C1 Office copy of the notice dated 14.10.2022 issued by the Advocate Commissioner Annexure C2 Photograph showing the front view of the subject matter building Annexure C3 Photographs of the ground floor of the residential building Annexure C4 Photographs of the first floor of the residential building Annexure C5 Executed Warrant of Commission Annexure C6 Executed Warrant of the Commission