Varghese Lonan vs Authorized Officer
2023 Latest Caselaw 897 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 20714 OF 2022
PETITIONER:

          VARGHESE LONAN
          AGED 70 YEARS, S/O LATE LONAN,
          PADATHUVALIYAVEEDU, KOMALAPURAM, PATHIRAPALLY,
          ALAPPUZHA DIST., 688 521

          BY ADV K.S.HARIHARAPUTHRAN



RESPONDENTS:

    1     AUTHORIZED OFFICER,
          PNB HOUSING FINANCE LTD., VYTILA P.O,
          KOCHI, PIN- 682 019.

    2     THE MANAGER,
          PNB HOUSING FINANCE LTD, 48/569 C, FIRST FLOOR,
          R.P. ARCADE, NEAR GOLD SOUK MALL, PONNURUNNI,
          VYTTILA P.O, KOCHI, PIN - 682 019.

    3     ADVOCATE ROSEMOL ABRAHAM,
          ADVOCATE COMMISSIONER, BAR ASSOCIATION,
          ALAPPUZHA, PIN - 688 001.

    *4    SPECIAL DEPUTY COLLECTOR(LAND ACQUSITION)
          CIVIL STATION, ALAPPUZHA

          *(IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER
          DATED 17-01-2023 IN I.A.NO.1 OF 2022)

          BY ADVS.
                    P.PAULOCHAN ANTONY
                    K.S.HARIHARAPUTHRAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.20714/2022                 2




                          JUDGMENT

Petitioner has approached this Court being aggrieved by the

proceedings initiated against the petitioner under the provisions

of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (SARFAESI Act) to recover

amounts due under a housing loan availed by the petitioner.

2. It is the case of the petitioner that certain extent of

property belonging to the petitioner has been acquired by the

National Highways Authority and the petitioner has not been able

to get the amounts released on account of the fact that the

originals of the documents relating to the land are with the

respondent financial institution. It is submitted that if the

amounts to be received from the National Highways Authority of

India is adjusted against the loan liability, a substantial portion of

the liability will be wiped down.

3. The learned counsel appearing for the respondent

financial institution would submit that the present liability is

approximately Rs.34 lakh and there is nothing on record to show

that the amount of compensation will cover the entire liability. He

states that the proceedings are at the stage of taking of physical

possession. He submits that the respondent financial institution

has no objection in producing the documents before the additional

4th respondent provided there is a direction to the additional 4 th

respondent to release the compensation payable directly to the

respondent financial institution.

4. The learned counsel appearing for the petitioner would

submit that the petitioner may also be permitted to pursue One

Time Settlement with the respondent financial institution. It is

submitted that the petitioner has already approached the

respondent financial institution with Ext.P3 request for One Time

Settlement.

5. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the respondent

financial institution, this writ petition will stand disposed of

directing that the respondent financial institution shall co-operate

with the petitioner and produce such documents that may be

necessary before the additional 4th respondent so that the amount

of compensation payable to the petitioner (for acquisition of land)

can be paid directly to the respondent financial institution, to be

adjusted against the loan liability. The additional 4 th respondent

shall ensure that on the necessary documents being produced

before it, the amount of compensation determined in respect of the

acquisition of the land belonging to the petitioner shall be released

directly to the respondent financial institution to enable

settlement against the loan liability. The needful shall be done

within a period of six weeks from the date of receipt of a certified

copy of this judgment. In the meanwhile the respondent financial

institution will also consider Ext.P3 request for One Time

Settlement. If the petitioner is required to file any fresh

application for One Time Settlement it will be open to the

petitioner to do so. The petitioner will co-operate with the

respondent financial institution in making any claim or for

executing any document that may be required to enable the

additional 4th respondent to release the amount of compensation

directly to the respondent financial institution. The proceedings

for taking physical possession of the secured asset shall remain

suspended for a period of six weeks to enable the parties to

comply with the terms of this judgment.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 20714/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 24-01 - 2020 ISSUED BY THE 2ND RESPONDENT, TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 31-01-2021, ISSUED BY THE SPECIAL TAHASILDAR LA (NH) NO.2, ALAPPUZHA.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 14 - 03

-2022.

Exhibit P3(A) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 18-03 - 2022.

Exhibit P4 TRUE COPY OF THE M.C. NO. 254/2021 DATED NIL, FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 22 - 12 - 2021, ISSUED BY THE 3RD RESPONDENT.