Devarajan K B vs The Authorised Officer Under ...
2023 Latest Caselaw 4505 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 13251 OF 2023
PETITIONER:

          DEVARAJAN K B
          AGED 63 YEARS
          S/O BHASKARAN, KADAMBUKANATHIL HOUSE,
          KUNJITHANNI P O, IDUKKI DISTRICT, PIN - 685 565

          BY ADV S.SACHITHANANDA PAI



RESPONDENTS:

    1     THE AUTHORISED OFFICER UNDER SARFAESI ACT
          KERALA STATE CO OPERATIVE BANK LTD,
          CREDIT PROCESSING CENTRE, IDUKKI COLONY P O,
          IDUKKI DISTRICT., PIN - 685 602

    2     KERALA STATE CO OPERATIVE BANK LTD
          (FORMERLY IDUKKI DISTRICT CO OPERATIVE BANK LTD),
          KUNJITHANNI BRANCH, IDUKKI DISTRICT. 685 565,
          REP. BY ITS BRANCH MANAGER



          SRI. GILBER GEORGE CORREYA, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13251 OF 2023              2

                            T.R.RAVI, J.
                     ----------------------------------------
                      WP (C) No.13251 of 2023
                   -------------------------------------------
               Dated this the 12th day of April, 2023

                            JUDGMENT

The petitioner had approached this Court earlier. By

Ext.P3 judgment, this Court had clearly held that the relief

prayed for cannot be granted in the writ petition under

Article 226 of the Constitution of India and it is for the

petitioner to approach the Bank if he wishes to sell the

property and settle the liability to the Bank. The prayer in the

earlier writ petition was for granting the petitioner three

months time to sell the property. In the present writ petition

also the prayer is for a direction to the respondents not to

proceed further pursuant to taking possession of the

property, including sale for a period of three months again

for the purpose of facilitating the petitioner to arrange for a

sale. A second writ petition for the very same relief cannot be

entertained.

The writ petition fails and is dismissed.

Sd/-

T.R.RAVI

JUDGE sn

APPENDIX OF WP(C) 13251/2023

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE NOTICE DATED 22.03.2022 ISSUED BY 1ST RESPONDENT

Exhibit P2 COPY OF THE ORDER DATED 06.05.2022 IN W P (C) 15249/2022

Exhibit P3 COPY OF THE JUDGMENT DATED 06.01.2023 IN W P ( C ) 42838/2022

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE