Kerala High Court
Manoj C M vs The Branch Manager on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 11th day of January 2023 / 21st Pousha, 1944
IA.NO.2/2022 IN WP(C) NO. 29114 OF 2022
PETITIONERS/RESPONDENTS:
1. THE BRANCH MANAGER, HDFC BANK , PAYYANNUR TRADE CENTRE, KANNUR, PIN
- 670307
2. THE AUTHORIZED OFFICER, HDFC, HDFC HOUSE, POST BAG NO. 1667,
RAVIPURAM, KOCHI, PIN - 682015
RESPONDENT/PETITIONER:
MANOJ C M AGED 48 YEARS SON OF MICHALE, CM HOUSE, EAMBETT,
PARIYARAM, KANNUR, KERALA, PIN - 670502
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondent herein/petitioner in the writ petition to return the vacant
possession of the secured asset, which is 4.65 ares of property with
building thereon comprised in Re Survey No.133/9 of Block No.81 of the
Pariyaram Village in Taliparamba Taluk of Kannur District, the possession
of which is given back to the respondent herein as directed by this
Hon'ble Court in the judgment dated 15.09.2022 in the above writ petition
to the 2nd petitioner herein forthwith
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's final order
dated 15/9/2022 in WP(C) and upon hearing the arguments of
SRI.K.K.CHANDRAN PILLAI, Senior Advocate along with M/S.AMBILY.S &
LAKSHMI ANIL, Advocates for petitioners/respondents and of M/s.
P.R.JAYASANKAR, SREELAKSHMI SABU & MANJUSHA K, Advocates for
the respondent/petitioner, the court passed the following:
GOPINATH P. J.
=====================
I.A.No. 2 of 2022 in
W.P.(C) No. 29114 of 2022
========================
Dated this the 11th day of January , 2023
ORDER
This Interlocutory Application has been filed by the
respondents in the writ petition seeking a direction that the writ
petitioner may be directed to return vacant possession of the
secured asset being 4.65 ares property with building thereon
comprised in Re Sy No. 133/9 of Block No. 81 of Pariyaram Village
in Thaliparamba Taluk of Kannur district. It is their case that the
possession of the secured asset which was taken by the respondent
bank was returned to the writ petitioner following the directions
issued by this court in the judgment dated 15.09.2022 in the above
writ petition. It is submitted that it is clear from the direction
contained in the judgment that if the petitioner fails to comply with
the directions, the petitioner is to hand over vacant possession of
I.A.No.2/2022 in WPC No. 29114/2022
the secured asset without demur to the authorized officer of the
respondent bank. It is their case that despite demanding the
handing over of possession through Annexure A2 letter dated
12.11.2022, the writ petitioner has failed to hand over the
vacant possession. It is also submitted that the writ petitioner
has not made any payment after making the initial payment of
Rs.5,00,000/- which was the condition imposed by this court for
returning the possession of the secured asset to the writ
petitioner.
3. Though a copy of this interlocutory Application was
served on the learned counsel who represents the writ petitioner,
there is no appearance for the writ petitioner.
4. Having heard the learned Senior counsel appearing for
the petitioners in I.A.No. 2/2022, on the instructions of Adv. S.
Ambili, I am of the view that the petitioners in I.A.No. 2/2022
are entitled to a direction. Accordingly, it is directed that the
Station House Officer, Pariyaram Medical College Police station
shall render effective and adequate assistance to the 2 nd
I.A.No.2/2022 in WPC No. 29114/2022
petitioner in I.A. No. 2/2022 to take physical possession of the
secured asset forthwith.
Sd/-
GOPINATH P.
JUDGE
RMV
