Chandran.K vs Senior Inspector/Special Sale ...
2023 Latest Caselaw 6075 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       WP(C) NO. 15722 OF 2023
PETITIONER:

            CHANDRAN.K
            AGED 60 YEARS,S/O. NARAYANAN, RESIDING AT
            PANDIKANDAM, BEDADKA VILLAGE, BEDADKA PO,
            KASARAGOD DISTRICT, PIN - 671 541.

            BY ADVS.
                    VISHNU PRABHAKAR V.S.
                    SAJEEVAN KURUKKUTTIYULLATHIL
                    GAYATHRI DEVIR
                    AKSHAY SHYLESH
                    N.F.JOHN JOSEPH THOMAS
                    ASHWIN K.U.



RESPONDENTS:

    1       SENIOR INSPECTOR/SPECIAL SALE OFFICER
            KASARAGOD PRIMARY CO-OP. AGRICULTURAL & RURAL
            DEVELOPMENT BANK LTD., FF NO. 113,
            KASARAGOD DISTRICT, PIN - 671 121.

    2       KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD.
            FF NO.113, REPRESENTED BY ITS SECRETARY, KASARAGOD PO,
            KASARAGOD DISTRICT, PIN - 671 121.

            BY ADV. PUSHPARAJAN KODOTH (R2)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, ALONG WITH WP(C).15733/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C).Nos.15722 & 15733 of 2023        2




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
      FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                         WP(C) NO. 15733 OF 2023
PETITIONER:

             BABY K
             AGED 54 YEARS, D/O. NARAYANAN,
             PANDIKANDAM, BEDADKA VILLAGE, BEDADKA PO,
             KASARAGOD DISTRICT, PIN - 671 541.

             BY ADVS.
                       VISHNU PRABHAKAR V.S.
                       SAJEEVAN KURUKKUTTIYULLATHIL
                       N.F.JOHN JOSEPH THOMAS
                       GAYATHRI DEVIR
                       AKSHAY SHYLESH
                       ASHWIN K.U.



RESPONDENTS:

     1       SENIOR INSPECTOR/SPECIAL SALE OFFICER,
             KASARAGOD PRIMARY CO-OP. AGRICULTURAL & RURAL
             DEVELOPMENT BANK LTD., FF NO. 113,
             KASARAGOD DISTRICT, PIN - 671 121.

     2       KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND
             RURAL DEVELOPMENT BANK LTD
             FF NO.113, REPRESENTED BY ITS SECRETARY,
             KASARAGOD PO, KASARAGOD DISTRICT, PIN - 671 121.


             BY ADV PUSHPARAJAN KODOTH (R2)

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2023, ALONG WITH WP(C).15722/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).Nos.15722 & 15733 of 2023          3




                           JUDGMENT

[W.P(C)Nos. 15722 & 15733 of 2023]

When theses matters are taken up for consideration

today, the learned counsel appearing for the respondent

Bank pointed out that the filing of these writ petitions

clearly amount to an abuse of process of this Court. It is

submitted that the petitioners in these cases filed

W.P.(C)Nos.15158 & 15284 of 2023, which was disposed of

by judgment dated 29-05-2023, again granting an

opportunity to the petitioners to pay the amounts due to the

Bank within three months from the date of the judgment,

which is on 29-05-2023. The petitioners have now filed these

writ petitions, without even disclosing the filing of

W.P.(C)Nos.15158 & 15284 of 2023. Though, these writ

petitions should have been dismissed by imposing exemplary

cost, considering the submission made by the learned

counsel for the petitioners in these cases that the petitioners W.P(C).Nos.15722 & 15733 of 2023 4

may be permitted to withdraw these writ petitions, the

petitioners are permitted to withdraw these writ petitions,

making it clear that any further attempt by the petitioners to

file any writ petition on the same cause of action will be

considered clearly as amounting to abuse of process of this

Court.

These writ petitions are dismissed as withdrawn.

Sd/-

GOPINATH P.

JUDGE ats W.P(C).Nos.15722 & 15733 of 2023 5

APPENDIX OF WP(C) 15722/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PROPERTY AUCTION ADVERTISEMENT WAS PUBLISHED IN MATHRUBHOOMI DAILY DATED 21.03.2023

Exhibit P2 TRUE COPY OF THE LETTER BEARING E.P.NO.18/2022-

23 DATED 05.04.2023

Exhibit P3 TRUE COPY OF THE DELIVERY STATUS CONFIRMATION STATUS DOWNLOADED FROM THE WEB SITE OF THE INDIAN POSTAL DEPARTMENT

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 38887 OF 2022 DATED 01.12.2022 W.P(C).Nos.15722 & 15733 of 2023 6

APPENDIX OF WP(C) 15733/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PROPERTY AUCTION ADVERTISEMENT WAS PUBLISHED IN MATHRUBHOOMI DAILY DATED 21.03.2023

Exhibit P2 TRUE COPY OF THE LETTER BEARING E.P.NO.18/2022-23 DATED O5.O4.2O23

Exhibit P3 TRUE COPY OF THE DELIVERY STATUS CONFIRMATION STATUS DOWNLOADED FROM THE WEB SITE OF THE INDIAN POSTAL DEPARTMENT

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

38891 OF 2022 DATED 01.12.2023