Jijo Jose vs South Indian Bank
2023 Latest Caselaw 3099 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944
                             WP(C) NO. 29177 OF 2022
PETITIONER:

     1        JIJO JOSE
              AGED 46 YEARS
              S/O P.K.JOSE, PALIAKKARA HOUSE,
              CHIYYARAM P. O.,
              THRISSUR DISTRICT, PIN - 680026
              BY ADVS.
              R.S.ASWINI SANKAR
              T.H.ARAVIND

RESPONDENTS:

     1        SOUTH INDIAN BANK
              REP BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,
              PLATINUM JUBLEE BUILDING, CIVIL LANE ROAD,
              AYYANTHOL, THRISSUR, PIN - 680003
     2        RAPHY JOSE
              AGED 50 YEARS
              S/O PK JOSE, PALIYAKKARA HOUSE, NEAR VIJAYAMATHA CHURCH,
              CHIYARAM PO, THISSUR, PIN - 680026
     3        ADV. SONA P CHACKO
              C/O ADV ANN KUMAR KAIMAL, AYYANTHOL THRISSUR, PIN - 680003
              BY ADVS.
              SUNIL SHANKER
              MAHESH V MENON
              VIDYA GANGADHARAN(K/000424/2020)
              SANDHRA.S(K/001610/2021)

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.29177 of 2022
                                         2


                          T.R. RAVI, J.
               ------------------------------------
                 W.P.(C.) No.29177 of 2022
               ------------------------------------
             Dated this the 20th day of March, 2023

                              JUDGMENT

The petitioner has challenged proceedings to take

physical possession of the property on the ground

that he has not been issued with notices.

2. The remedy of the petitioner is to challenge the

proceedings before the Debt Recovery Tribunal.

The writ petition is hence closed without prejudice

to the right of the petitioner to move the Debt

Recovery Tribunal with appropriate reliefs. The

petitioner shall not be dispossessed for a period of

two weeks to facilitate the petitioner to move the

Debt Recovery Tribunal.

Sd/-

T.R.RAVI JUDGE SKP/20-03 WPC No.29177 of 2022

APPENDIX OF WP(C) 29177/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CRL.M.P NO. 1832/2022 OF THE CJM COURT THRISSUR EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 17.05.2022 OF THE HON'BLE CJM THRISSUR IN CRL.M.P NO 1832/2022 RESPONDENT'S EXHIBITS:

EXHIBIT R3 (A) A TRUE COPY OF ORDER DATED 17.05.2022 IN CRL M.P NO.1832/2022 APPOINTING 3RD RESPONDENT AS ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF THE PROPERTY OF THE PETITIONER EXHIBIT R3 (B) A TRUE COPY OF NOTICE DATED 02.08.2022 ISSUED TO THE PETITIONER AND OTHER RESPONDENTS IN CRL M.P NO.1832/2022 ON THE FILES OF CHEIF JUDICIAL MAGISTRATE COURT, THRISSUR EXHIBIT R3 (C) A TRUE COPY OF POSTAL RECEIPT RECEIVED WHILE SENDING NOTICE TO THE PETITIONER HERE IN IN CRL M.P NO.1832/2022 ON THE FILES OF CHEIF JUDICIAL MAGISTRATE COURT, THRISSUR EXHIBIT R3 (D) A TRUE COPY OF ACKNOWLEDGMENT CARD SHOWING ACCEPTANCE OF NOTICE BY THE PETITIONER HEREIN IN CRL M.P NO.1832/2022 ON THE FILES OF CHEIF JUDICIAL MAGISTRATE COURT, THRISSUR

TRUE COPY

P.A. TO JUDGE