Valsala T S vs The Authorised Officer
2023 Latest Caselaw 8935 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 26599 OF 2023




PETITIONER:

          VALSALA T S
          AGED 65 YEARS
          W/O LATE J UNNI VANI NILAYAM, TC 5/2162
          KOKKODE, MAHARAJA GARDEN HOUSE NO.54,
          THIRUVANANTHAPURAM - 695003
          BY ADV PRAVEEN K. JOY

RESPONDENTS:

    1     THE AUTHORISED OFFICER
          CANARA BANK ARM BRANCH, 2ND FLOOR,
          CANARA BANK BUILDING, CHITTOOR ROAD
          ERNAKULAM SOUTH, PIN - 682016
    2     THE BRANCH MANAGER
          CANARA BANK, KANJIKODE SME BRANCH
          PALAKKAD DISTRICT, PIN - 678621
          ADV.VIDYA KURIAKOSE, GP
          ADV.M.GOPIKRISHNAN NAMBIAR, SC



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26599 /2023

                                         2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.26599 of 2023
              ----------------------------------------------
            Dated this the 14th day of August, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i) To issue writ, order or direction in the nature of mandamus directing the respondents to consider and pass appropriate orders on Ext.P1 representation within a time limit fixed by this Hon'ble Court, in the interest of justice.

ii) To issue directions to the respondents to take up and pass orders on Ext.P1 representation within a time limit and direct to release the Title Deed of the property of the petitioner with Deed No.2612/1980 on payment of the reserve price amount of Rs.68 Lakhs, thereby to keep in abeyance the coercive steps, in the interest of justice.

iii) Dispense with the filing of translation of vernacular documents.

iv) To grant such other reliefs that this Honourable Court deemed fit and proper. (SIC)

2. According to the petitioner, he is not the borrower

and the limited prayer of the petitioner is to issue a direction

to the respondents to release the security documents, WP(C).No.26599 /2023

including the original title deed, by considering the

representation submitted by the petitioner. The property of

the petitioner is mortgaged as security for the loan. Now the

sale is scheduled on 16.08.2023 is the submission. It is the

case of the petitioner that he is ready to deposit the reserve

price. The petitioner submitted Ext.P1 before the

respondents. The grievance of the petitioner is that the same

is not considered.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the respondents.

4. After hearing both sides, I think this writ petition

itself can be disposed of without expressing any opinion on

merit, directing the 1st respondent to consider Ext.P1 within a

time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P1, after

affording an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within one week from the date of receipt of WP(C).No.26599 /2023

a stamped certified copy of this judgment.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 WP(C).No.26599 /2023





                  APPENDIX OF WP(C) 26599/2023

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE REPRESENTATION DATED
                  NIL SUBMITTED BEFORE THE BANK