Kerala High Court
Seline Joseph vs Kerala State Financial ... on 14 August, 2023
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. 26273 OF 2023
PETITIONER:
SELINE JOSEPH
AGED 68 YEARS
D/O THRESIA GONSALVES, CROSS D5, TC 76/1210,
BHAGATH SIGH ROAD, PETTAH PO,
TRIVANDRUM DIST, PIN - 695024
BY ADVS.
DINOOP P.D.
M.R.SUDHEENDRAN
S.I.SHAH
SARITHA NANDANAN
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD
REP. BY ITS MANAGING DIRECTOR, KSFE, BHADRATHA,
VCM ROAD, PB NO. 510, TRICHUR, PIN - 680070
2 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD,
CENTRE PLAZA BUILDING, VAZHUTHAKKAD PO,
TRIVANDRUM, PIN - 695014
3 SPECIAL DY. THAHASILDAR
(REVENUE RECOVERY) KERALA STATE FINANCIAL
ENTERPRISES LTD, CENTRE PLAZA BUILDING,
VAZHUTHAKKAD PO, TRIVANDRUM, PIN - 695014
4 SIMON JOSEPH
S/O JOSEPH,ARATTUKULAM HOUSE,
MARARIKKULAM NORTH, M N P O, MARARIKKULAM,
ALAPPUZHA DIST, PIN - 688549
OTHER PRESENT:
VIDHYA KURIAKOSE GP
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.26273/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.26273 of 2023
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Dated this the 14th day of August, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. Quash Exhibit P-3 by a writ of certiorari.
ii. Direct the respondents 1 to 3 not to proceed
against the property having an extent of 14.16
Are in Re. Sy No. 490/5 & 491/1 in Kalliyoor
Village till the disposal of OP 2641/2021 pending
before the Family Court, Trivandrum.
iii. Grant such other relief as this Honorable Court
may deem fit.
(SIC)
2. Petitioner is the wife of the 4 th respondent. It
is the case of the petitioner that the property having an
extent of 14.16 Ares in Resurvey Nos. 490/5 and 491/1 in
Kalliyoor Village, Thiruvananthapuram was purchased
using the money of the petitioner also. But, subsequently,
the petitioner came to know that the property is
purchased in the name of her husband, instead of purchasing
in her name as assured. Therefore the petitioner filed OP
WP(C).No.26273/2023
No.2641/2021 before the Family Court, Thiruvananthapuram
for declaration of her title in the aforesaid property and
obtained an interim ex-parte order. Now the petitioner came
to know about a notice issued by the 3rd respondent under the
Revenue Recovery Act, stating that the disputed property will
be sold to recover the amount due to the Kerala State
Financial Enterprises. The petitioner submitted that there will
be serious prejudice to the petitioner if the revenue recovery
proceedings are proceeded against the property, which is the
subject matter in O.P.No.2641/2021 before the Family Court,
Thiruvananthapuram.
3. Heard the learned counsel for the petitioner and
the learned Standing Counsel for KSFE. I also heard the
learned Government Pleader.
4. Admitted case of the petitioner is that the property
is in the name of the 4th respondent. But the petitioner says
that the 4th respondent purchased the property using the
money of the petitioner also. The petitioner already
approached the Family Court with a petition for declaration of
her title in the aforesaid property.
5. If that be the case, this Court cannot interfere with
WP(C).No.26273/2023
the revenue recovery proceedings initiated against the 4 th
respondent at this stage. The petitioner has to approach the
Family Court and obtain necessary orders in accordance with
law.
Granting liberty to the petitioner to approach the Family
Court with appropriate application, this writ petition is
disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.26273/2023
APPENDIX OF WP(C) 26273/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CASE SUMMARY &
DISCHARGE CARD IS PRODUCED
Exhibit P2 A TRUE COPY OF THE OP NO. 2641/2021 IS
PRODUCED
Exhibit P3 A TRUE COPY OF THE NOTICE DATED
5/4/2023 IS PRODUCED
