Lasika S.Nair vs State Of Kerala
2022 Latest Caselaw 5692 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                    WP(C) NO. 17167 OF 2022
PETITIONERS:

    1     LASIKA S.NAIR, AGED 49 YEARS
          KOCHUPLAKKAL HOUSE,
          EZHUMATTOOR P.O, MALLAPALLY TALUK,
          PATHANAMTHITTA-689 586
    2     PRINCE K. GEORGE,
          KOCHUPLAKKAL HOUSE,
          EZHUMATTOOR P.O, MALLAPALLY TALUK,
          PATHANAMTHITTA-689 586.
          BY ADVS.
          K.P.SANTHI
          NISHA G.THARAMAL
          TARA PREM
          SARIMOL KAREETHARA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          CO-OPERATIVE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     KERALA STATE CO-OPERATIVE BANK LTD.5,
          (FORMERLY PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK
          LTD), MYLAPPRA ROAD, PATHANAMTHITTA-689645
          REPRESENTED BY ITS AUTHORISED OFFICER.
    3     KHADI VILLAGE AND INDUSTRIES COMMISSION,
          THIRUVALLA-KUMBAZHA ROAD, PATHANAMTHITTA,
          KERALA- 689645 REPRESENTED BY THE CHAIRMAN.
    4     REGISTRAR OF CO-OPERATIVE SOCIETIES,
          MINI CIVIL STATION, KOZHENCHERRY,
          PATHANAMTHITTA DISTRICT- 689 645


          SC,N.RAGHURAJ



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17167 OF 2022
                                            2



                      BECHU KURIAN THOMAS, J
                    ..............................................
                       W.P.(C) No.17167 of 2022
                       .....................................
                  Dated this the 27 th day of May, 2022

                                    JUDGMENT

Petitioners have raised contentions regarding non-

enforceability of the security interest created. It is

the contention of the petitioners that the property,

which is subjected to a mortgage, is an agricultural

property and, therefore, the securitisation

proceedings cannot be initiated.

2. After hearing the arguments of Smt.K.P.Santhi, the

learned counsel for the petitioners as well as

Sri.N.Reghuraj, the learned Standing counsel for the

respondent-Bank, I am of the view that the

contention raised by the petitioners are matters to be

pursued before the statutory Tribunal.

3. Accordingly, without prejudice to the right of the

petitioners to move the Debts Recovery Tribunal WP(C) NO. 17167 OF 2022

against any of the measures initiated by the

respondent-Bank under the SARFAESI Act, this writ

petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE

AMV/28/05//2022 WP(C) NO. 17167 OF 2022

APPENDIX OF WP(C) 17167/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT DETAILS REGARDING PMEGP PROGRAM.

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 5-5-2022 ISSUED BY UNION BANK, MALLAPILLY BRANCH.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 27-4-2022 ISSUED BY DR.DEEPAK DAVIDSON. Exhibit P4 TRUE COPY OF THE RECOMMENDATION DATED 28-3-2019 OF THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, PATHANAMTHITTA Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED 16-11-2020 ISSUED BY EZHUMATOOR PANCHAYAT.

Exhibit P6 TRUE COPY OF THE LICENSE DATED 6-6-2017 GRANTED BY EZHUMATTTOOR PANCHAYAT. Exhibit P7 TRUE COPY OF THE LICENSE DATED 29-11-2021 GRANTED BY EZHUMATTTOOR PANCHAYATH. Exhibit P8 TRUE COPY OF THE NOTICE DATED 11-9-2020 OF THE ADVOCATE COMMISSIONER. Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 6-11-2020 IN W.P.(C) NO. 22956 OF 2020 OF THIS HONOURABLE COURT.

Exhibit P10 TRUE COPY OF THE NOTICE DATED 10-11-2020 OF THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE STATEMENT OF THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF REPRESENTATION DATED 27-3-2022 SUBMITTED TO THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 3-4-2022 ALONG WITH FORWARD NOTE TO THE 4TH RESPONDENT Exhibit P14 TRUE COPY OF THE CERTIFICATE DATED 21-5-2022 ISSUED BY THE AGRICULTURAL OFFICER, KEEZHATTUR.

RESPONDENTS EXHIBITS : NIL

TRUE COPY