Basheer V.K vs The District Collector
2023 Latest Caselaw 6077 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                         WP(C) NO. 2848 OF 2023
PETITIONER:

             BASHEER V.K
             AGED 52 YEARS
             S/O KOYAKUNJU HAJI, VAYALILPUTHENPURA,
             PAZHAYA ROAD, ADIMALY,
             IDUKKI DISTRICT, PIN - 685561
             BY ADV LATHEESH SEBASTIAN

RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             COLLECTORATE, PAINAVU, IDUKKI, PIN - 685502
     2       DEPUTY TAHASILDAR (R.R)
             TALUK OFFICE, DEVIKULAM,
             IDUKKI DISTRICT, PIN - 685563
     3       VILLAGE OFFICER
             MANNAMKANDAM VILLAGE, ADIMALY,
             IDUKKI DISTRICT, PIN - 685561
     4       THE BRANCH MANAGER,
             CANARA BANK LTD., KOTHAMANGALAM BRANCH,
             ERNAKULAM DISTRICT, PIN - 686666
             BY ADVS.
             GOVERNMENT PLEADER SRI.B.S.SYAMANTHAK
             Gopikrishnan Nambiar M
             K.JOHN MATHAI(K/413/1984)
             JOSON MANAVALAN(J-526)
             KURYAN THOMAS(K/131/2003)
             PAULOSE C. ABRAHAM(MAH/58/2006)
             RAJA KANNAN(K/356/2008)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2023,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.2848/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.2848 of 2023
             ----------------------------------------------
            Dated this the 09th day of June, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records relating to Ext P1 to P4 from the respondents 1 to 4;

ii. Quash Ext P1, P1(a), P2, P2(a), P3 and P3(a) by a writ of certiorari or any other writ, order or direction;

iii. In the alternate, grant such installment facility as deems fit to this Hon'ble Court in the facts and circumstances of the case;

iv. To dispense with the production of English translation of vernacular documents; v. Such other relief's which is deemed to be fit and proper to this honourable court in the facts and circumstance of the case.

(SIC)

2. When this writ petition came up for consideration,

the Standing Counsel appearing for the 4 th respondent

submitted that SARFAESI proceedings is already initiated WP(C).No.2848/2023

against the petitioner, which is not mentioned in the writ

petition and the same is also not produced in the writ petition.

In such circumstances, this writ petition need not be retained.

The petitioner can be given liberty to challenge the SARFAESI

proceedings in accordance with law.

Granting liberty to the petitioner to challenge the

SARFAESI proceedings in accordance with law, this writ

petition is closed. All the contentions raised by the petitioner

in this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.2848/2023

APPENDIX OF WP(C) 2848/2023

PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF SECTION 7 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12635/07 DATED 12.10.2022 ExhibitP1(a) TRUE COPY OF SECTION 34 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12635/07 DATED 12.10.2022 ExhibitP2 TRUE COPY OF SECTION 7 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12637/07 DATED 12.10.2022 ExhibitP2(a) TRUE COPY OF SECTION 34 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12637/07 DATED 12.10.2022 ExhibitP3 TRUE COPY OF SECTION 7 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12641/07 DATED 12.10.2022 ExhibitP3(a) TRUE COPY OF SECTION 34 NOTICE ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO REQUISITION BEARING 2022/12641/07 DATED 12.10.2022 ExhibitP4 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 4TH RESPONDENT TO GRANT INSTALLMENT FACILITY DATED 09.01.2023 RESPONDENT EXHIBITS Exhibit R4(b) A true copy of the possession notice dated 10.08.2022 Exhibit R4(a) A true copy of the notice under Section 13(2) of the SARFAESI Act, 2002 dated 14.12.2021 Exhibit R4(c) A true copy of the sale notice dated 16.02.2023