Surendranatha Swamy vs The Recovery Officer
2022 Latest Caselaw 6053 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 15267 OF 2022
PETITIONER/S:

     1     SURENDRANATHA SWAMY,
           AGED 58 YEARS
           S/O. KRISHNA PILLAI, 'GEETHANJALI', ENNAKKAD P.O,
           CHENGANNUR, ALAPPUZHA 689 624.
     2     ANILA S. NATH @ ANILA B,
           AGED 52 YEARS
           W/O. SURENDRANATHA SWAMY, 'GEETHANJALI', ENNAKKAD P.O,
           CHENGANNUR, ALAPPUZHA 689 624.
          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN


RESPONDENT/S:

    1     THE RECOVERY OFFICER,
          DEBTS RECOVERY TRIBUNAL II, 2ND FLOOR, KSHB BUILDING,
          PANAMPILLY NAGAR, ERNAKULAM , KOCHI 682 036.
    2     BRANCH MANAGER,
          STATE BANK OF INDIA, SUCCESSOR OF STATE BANK OF
          TRAVANCORE, ENNAKKAD BRANCH, ENNAKKAD P.O, CHENGANNUR,
          ALAPPUZHA 689 624
    3     SECRETARY,
          BUDHANOOR GRAMA PANCHAYATH, ENNAKKAD P.O, CHENGANNUR,
          ALAPPUZHA 689 624.
          BY ADV TOM K.THOMAS


OTHER PRESENT:

          SC M. JITESH MENON


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15267 OF 2022
                                2

                      JUDGMENT

Dated this the 01st day of June, 2022

The prayer in this writ petition is to quash Ext.P7

notice for public auction of the petitioner's immovable

property given as security for a loan availed from the State

Bank of India. The only ground urged is that the

Budhanoor Grama panchayat is proposing to purchase the

petitioner's property and if that process is expedited, the

petitioner will be able to settle all his debts.

2. Learned Counsel for the petitioner submitted

that the limited relief sought is to direct the third

respondent to expedite the process initiated by Ext.P6.

Learned Standing Counsel for the Bank draws attention to

Ext.P4 judgment rendered in an earlier writ petition filed

by the petitioner seeking the same relief. Therein, this

Court had directed him to pay the amount outstanding in

five equated monthly installments. It is submitted that no

amount was paid after the judgment and Ext.P6, on which WP(C) NO. 15267 OF 2022

reliance is now placed, was issued prior to Ext.P4

judgment.

In the light of the directions in Ext.P4 judgment,

which the petitioner has not complied with, the petitioner

is not entitled for any relief in this writ petition. It is for

the petitioner to approach the Bank and request for

extending the benefit of One Time Settlement or

repayment in installments, as the case may be.

The Writ Petition is dismissed without prejudice to the

petitioner's right to approach the Bank for appropriate

relief.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 15267 OF 2022

APPENDIX OF WP(C) 15267/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ARRANGEMENT DATED 2.11.2009.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.

1803/2003 DATED 11.12.2003 OF SRO CHENGANNUR.

Exhibit P3 TRUE COPY OF THE ORDER DATED 27.1.2022 IN W.P.C NO. 2685/2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 21.2.2022 IN W.P.C NO. 2685/2022. Exhibit P5 TRUE COPY OF THE NOTICE DATED 23.2.2022.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 25.11.2021 NO. A3- 3021/2021.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 6.4.2022.