Nalini K.P vs Federal Bank Limited
2023 Latest Caselaw 5850 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                       WP(C) NO. 15462 OF 2023
PETITIONER:

          NALINI K.P.
          AGED 70 YEARS,W/O. LATE BALAN K.P.,
          ASWATHI, KACHIPARAMBATH, MEPPAYIL P.O., VATAKARA-VIA,
          KOZHIKODE DISTRICT, PIN - 673104

          BY ADV VISHNU BHUVANENDRAN



RESPONDENTS:

    1     AUTHORISED OFFICER UNDER THE SARFAESI ACT 2002, LOAN
          COLLECTION AND RECOVERY DEPARTMENT, KOZHIKODE
          DIVISION,FEDERAL BANK LIMITED, 1ST FLOOR, FEDERAL
          TOWERS, ARAYIDATHUPALAM, KOZHIKODE, PIN - 673 016

    2     LOAN COLLECTION AND RECOVERY DEPARTMENT OF FEDERAL BANK
          LIMITED, KOZHIKODE DIVISION, 1ST FLOOR, FEDERAL TOWERS,
          ARAYIDATHUPALAM, KOZHIKODE, PIN - 673 016
          REPRESENTED BY ITS MANAGER

    3     ANILKUMAR C.
          S/O. BHASKARAN, CHAPPOTHIL HOUSE, NOCHIPOYIL,
          KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, PIN - 673 571

    4     DEEPA K.P.
          W/O. ANILKUMAR C., CHAPPOTHIL HOUSE, NOCHIPOYIL,
          KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, PIN - 673 571

    5     ANILKUMAR V
          S/O. APPUTTY, VALATHIL HOUSE, CHETHUKADAVU P.O.,
          KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN - 673 571

          BY ADVS.
          Mohan Jacob George
          P.V.PARVATHY (P-41)(K/000036/1991)
          REENA THOMAS(R-364)
 WP(C) NO. 15462 OF 2023
                                      2


           NIGI GEORGE(K/1169/2012)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.05.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15462 OF 2023
                              3




             Dated this the 24th day of May, 2023

                          JUDGMENT

The writ petition is filed to quash the further

proceedings pursuant to Exts.P3 and P6 passed by the

first respondent.

2. The petitioner's case is that, she is the owner of

a property covered by Ext.P1 document. The third

respondent had availed a loan from the Punjab National

Bank by creating equitable mortgage by depositing the

title deeds of the petitioner's property. Later, on the

demand raised by the petitioner, the original of the title

deeds were released to her by pledging Ext.P2 title

deeds of the properties owned by the respondents 3 and

4. However, to the surprise of the petitioner, he has

been served with Ext.P3 notice by the first respondent, WP(C) NO. 15462 OF 2023

stating that they propose to proceed against his

property. The petitioner has submitted Ext.P4

representation before the first respondent to drop

further proceedings pursuant to Ext.P3. The action of

the respondents is high-handed and unreasonable.

Hence, the writ petition.

3. The first respondent has filed a counter affidavit,

inter alia, stating in paragraph 4 that, the property

covered by Ext.P1 was released to the petitioner and the

first respondent does not propose to proceed against

the same.

4. Heard; Sri.Vishnu Bhuvanendran, the learned

counsel appearing for the petitioner and Sri. Mohan

Jacob George, the learned counsel appearing for the

respondents 1 and 2.

Having considered the pleadings and materials on

record, especially the stand taken by the first

respondent in paragraph 4 of the counter affidavit, I am WP(C) NO. 15462 OF 2023

of the view that nothing further survives in the writ

petition. Recording the stand of the first respondent in

the counter affidavit, the writ petition is closed.

Sd/-

C.S.DIAS, JUDGE

rmm24/5/2023 WP(C) NO. 15462 OF 2023

APPENDIX OF WP(C) 15462/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DOCUMENT NO.177/2010 DATED 25.1.2010 OF THE SUB REGISTRY, VATAKARA.

Exhibit P2 TRUE COPY OF DOCUMENT NO.1415/2021 DATED 2.7.2021 OF THE SUB REGISTRY, CHATHAMANGALAM.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 13.2.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 5.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 22.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT .

Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 27.4.2023 HANDED OVER BY THE OFFICIALS UNDER THE 1ST RESPONDENT TO THE PETITIONER, TO TAKE POSSESSION OF THE PROPERTY/PROPERTIES PLEDGED WITH THE 2ND RESPONDENT.