Veena Janardhanan vs Tahsildar
2023 Latest Caselaw 8402 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        OP (DRT) NO. 93 OF 2020
IN TDRC NO.904/2016 (DRC NO.38456 IN OA 165/2012) BEFORE THE DEBT
                     RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER

             VEENA JANARDHANAN
             AGED 65 YEARS
             W/O.MADHAVAN JANARDHANAN, RESIDING AT EVRA-113,
             ELLANJIMOODU LANE, EDAPPAZHANJI, THIRUVANANTHAPURAM-
             695014.
             BY ADVS.
             THOMAS ABRAHAM
             SMT.MERCIAMMA MATHEW
             SRI.ASWIN.P.JOHN
             SRI.R.ANANTHAPADMANABAN
             SHRI.THAYYIB SHA P.S.


RESPONDENTS:

    1        TAHSILDAR
             KATTAKADA TALUK, KATTAKADA,
             THIRUVANANTHAPURAM -695572,
    2        TALUK SURVEYOR, KATTAKADA TALUK,
             THIRUVANANTHAPURAM-695571.
    3        RECOVERY OFFICER,
             OFFICE OF THE RECOVERY OFFICE,
             DEBTS RECOVERY TRIBUNAL II, K.S.H.B.BUILDING,
             PANAMPILLY NAGAR, ERNAKULAM-682036.
    4        PRESIDING OFFICER,
             DEBTS RECOVERY TRIBUNAL II, ERNAKULAM-682036.
    5        BRANCH MANAGER,
             CANARA BANK, POOJAPPURA BRANCH,
             THIRUVANANTHAPURAM-695012.
    6        MANAGER,
             DHANALAKSHMI BANK LTD., ZONAL OFFICE, MARINE DRIVE,
             ERNAKULAM-682035.
    7        P.K.NANDAKUMAR,
             PROPRIETOR, M/S. KRISHNAMATHI INDUSTRIES, HARIGOWRI
             BUILDING, M.P.4/8728, SREEKRISHNA GARDEN,
             MALAYINKEEZHU, THIRUVANANTHAPURAM-695771.
 OP(DRT) No.93 of 2020
                                     2



             BY ADVS.
             GOVERNMENT PLEADER(B/O)
             V.B HARI NARAYANAN(B/O)
             C.K.KARUNAKARAN(B/O)
             SRI.VIVEK VARGHESE P.J., SC, DHANLAXMI BANK

             JACOB T.SIMON-GP
     THIS    OP   (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(DRT) No.93 of 2020
                                     3



                             JUDGMENT

Dated this the 7th day of August, 2023

1. Heard Sri.Thomas Abraham, learned

counsel appearing for the petitioner, Sri.V.B Hari

Narayanan, learned Standing Counsel appearing for

the 5th respondent and Sri.Jacob T.Simon, learned

Government Pleader appearing for respondent Nos.

1 and 2.

2. This writ petition has been filed under

Article 226 of the Constitution of India seeking the

following prayers:

(I) To set aside Exhibit P12 notice call for the proceedings of the 3rd respondent Recovery Ofiicer, Debts Recovery Tribunal -II, Ernakulam in TDRC No.904/2016 (DRC No.38456 in OA 165/2012) leading to the issuance of the same and

(ii) Grant such other and further reliefs as deemed by this Hon'ble Court fit and proper to grant in the facts and circumstances of this case.

OP(DRT) No.93 of 2020

3. Sri.V.B Hari Narayanan, learned Standing

Counsel appearing for the Canara Bank, Poojappura

Branch, Thiruvananthapuram, submitted that the

borrower - the 7th respondent has discharged the

entire liability in the year 2021. The bank has given

the title deeds back to the 7th respondent. The bank

is not proceeding any further for the sale of any

property of the borrower or any other person in

respect of the loan taken by the 7th respondent and

the entire dues of the bank have now satisfied and

nothing is to be recovered from the borrower.

4. Learned Government Pleader submitted

that the Tahsildar had issued notice to conduct

survey in compliance of the order passed by the DRT.

Now the bank has satisfied that there is no

requirement of proceeding with the survey in

compliance of the order passed by the DRT.

5. Considering the aforesaid submissions of

the bank and the State, this Original Petition is OP(DRT) No.93 of 2020

disposed of with liberty to the petitioner to take

appropriate remedy for possession of his property

if it is dispossessed or for claiming damages, if

some damages had been caused to his property.

6. With the aforesaid remedy this Original

Petition stands disposed of.

Sd/-

DINESH KUMAR SINGH

JUDGE AP OP(DRT) No.93 of 2020

APPENDIX OF OP (DRT) 93/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE DOCUMENT NUMBER 4958 OF 2010 OF S.R.O., MALAYINKIL EVIDENCING THE PURCHASE OF THE PROPERTY IN QUESTION BY THE PETITIONER FROM K.V.SATHEESH. EXHIBIT P1(A) THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 5.4.2011 OF THE SAID PROPERTY ISSUED TO THE PETITIONER.

EXHIBIT P1(B) THE TRUE COPY OF THE LOCATION CERTIFICATE NUMBER 1360/11 DATED 27.4.2011 AND THE LOCATION MAP APPENDED THEREWITH PREPARED AND ISSUED BY THE VILLAGE OFFICER, VILAVOORKKAL VILLAGE.

EXHIBIT P1(C) THE TRUE COPY OF THE POSSESSION CERTIFICATE NUMBER 1360/11 DATED 27.4.2011 PREPARED AND ISSUED BY THE VILLAGE OFFICER, VILAVOORKKAL VILLAGE.

EXHIBIT P1(D) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.A5 698/12 DATED 3.3.2012 OF THE BUILDING BEARING NUMBER VP/V/872-A ISSUED TO THE PETITIONER BY SECRETARY, VILAVOORKKAL GRAMA PANCHAYAT.

EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NUMBER 246 OF 2009 OF S.R.O., MALAYINKIL EVIDENCING THE PURCHASE OF THE PROPERTY BY K.V.SATHEESH FROM P.K.NANDAKUMAR. EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ON PROPERTY DATED 22.3.2012 ISSUED BY THE S.R.O., MALAYINKIL. EXHIBIT P4 THE TRUE COPY OF THE AREA LIST PREPARED AND ISSUED BY THE VILLAGE OFFICER, VILAVOORKKAL VILLAGE.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 31.10.2012 OF THIS HON'BLE COURT IN W.P.(C) NO.8868 OF 2012.

EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 20.11.2012 IN REVIEW PETITION NO.1060 OF 2012. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 31.5.2014 IN CONTEMPT OF COURT CASE NO.288 OF 2013.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED OP(DRT) No.93 of 2020

7.8.2015 OF HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.23764 OF 2015.

EXHIBIT P9 THE TRUE COPY OF THE COMMUNICATION DATED 16.6.2016 SENT BY ADDITIONAL TAHSILDAR, KATTAKADA TO THE BRANCH MANAGER, CANARA BANK.

EXHIBIT P10 THE TRUE COPY OF THE REPORT DATED 28.5.2016 AND THE ACCOMPANYING SKETCH OF THE ADDITIONAL TAHSILDAR, KATTAKADA. EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION DATED 4.8.2016 SUBMITTED BY THE PETITIONER. EXHIBIT P12 THE TRUE COPY OF THE NOTICE NO.C6-39625/12 DATED 14.9.2020 SENT BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R5A A TRUE COPY OF SALE DEED NUMBER 2832/2005 TOGETHER WITH ENGLISH TRANSLATION EXHIBIT R5B A COPY OF LOCATION MAP ISSUED BY THE VILLAGE OFFICER VILAVOORKKAL DATED 9/8/2007 EXHIBIT R5(c) A TRUE COPY OF THE SALE DEED NO 2831/2005 TOGETHER WITH ENGLISH TRANSLATION EXHIBIT R5(d) A TRUE COPY OF THE FLOW CHART EXHIBIT R5(e) A TRUE COPY OF THE REGISTERED SALE AGREEMENT EXECUTED BY 7TH RESPONDENT TOGETHER WITH ENGLISH TRANSLATION