Russal M.Easa vs State Of Kerala
2023 Latest Caselaw 11762 Ker

W.P.(C).No.8180 of 2023        1


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                              1945
                     WP(C) NO. 8180 OF 2023
PETITIONER:

           RUSSAL M.EASA, AGED 53 YEARS,S/O P.S. MOHAMMAD
           EASA, DOOR NO. 12/772/AA RECCA ENCLAVE,
           PADAMUGAL, KAKKANAD, PIN - 682021

           BY ADV L.RAJESH NARAYAN


RESPONDENTS:

    1     STATE OF KERALA,REP. BY SECRETARY REVENUE
          DEPARTMENT, SECRETARIATE THIRUVANANTHAPURAM, PIN
          - 695001

    2     THE DISTRICT COLLECTOR,COLLECTORATE CIVIL STATION
          RD, KAKKANAD, ERNAKULAM, PIN - 682030

    3     VILLAGE OFFICER,VAZHAKALA VILLAGE NGO QUARTERS,
          VAZHAKKALA, KOCHI,, PIN - 682021

    4     TAHASILDAR, LAND REFORMS,KANAYANNOOR TALUK
          OFFICE, ERNAKULAM, PIN - 682031

    5     DISTRICT SURVEY SUPERINTENDENT,
          CIVIL LINE RD, ECHAMUKU, CHEMBUMUKKU, KOCHI,, PIN
          - 682021

    6     THE BRANCH MANAGER, INDIAN BANK
          KAKKANAD BRANCH, CHIRACKAL BUILDING, SEAPORT
          AIRPORT ROAD, OPP. SUNRISE HOSPITAL KAKKANAD, PIN
          - 682021

    7     ADDL R7, JAMEELA SHAMSUDHEEN,
          KARIVELIPARAMBIL (H), PULLEPPADY, ERNAKULAM. ADDL
          R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED 09-
 W.P.(C).No.8180 of 2023         2

            03-2023 IN WP(C)8180/2023.


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.11.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.8180 of 2023           3

                       VIJU ABRAHAM,J
                  -----------------------
                 W.P.(C).No.8180 of 2023
            ---------------------------------
        Dated this the 16th day of November, 2023

                            JUDGMENT

Petitioner has approached this Court seeking a

direction to the 4th respondent to forthwith survey

and measure the properties of the petitioner based

on Sale deed Nos.403/1997, 1392/1997, 402/97 &

482/98 and at any rate before the time limit for

effecting payment to the 6th respondent as per

Ext.P4 expires.

2. When the matter came up for consideration

earlier, the learned Government Pleader was

directed to get instructions, who upon instructions

would submit that pursuant to the direction issued

by this Court the District Survey Superintendent

has conducted a site inspection and the files have

been handed over to the Taluk Surveyor for

completing the proceedings and submitted that some

more time is necessary to complete the process.

Learned Government Pleader would submit that one

month's time is required to complete the survey

process. Petitioner submits that SARFAESI

proceedings has been initiated against him and that

one purchaser has come expressing desire to

purchase the property and the transaction with the

said person could be completed only after the

survey is completed. It is also submitted that

petitioner could settle the claim with the 6th

respondent bank only after the sale of the property

is materialised. Therefore, taking into

consideration all these aspects, it is ordered that

all further proceedings regarding survey, shall be

finalised, at any rate, within an outer limit of

three weeks from the date of receipt of a copy of

this judgment. After finalise the same, petitioner

shall also submit a fresh OTS proposal before the

6th respondent bank, which shall also be duly

considered and orders passed thereon giving due

credit to the amount already paid. Orders in this

regard shall be passed within a period of 10 days

after finalisation of the proceedings pursuant to

the survey.

The above writ petition is disposed of.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 8180/2023

PETITIONER'S EXHIBITS

Exhibit1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.07.2021 WITH RESPECT TO 19 ARES

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT WITH RESPECT TO 1 ARES & 9 SQM DATED 21.12.2022

Exhibit P3 TRUE COPY OF THE NOTICE OF THE INTENDED SALE DATED 15.06.2022

Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT DATED 16.12.2022

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 26.12.2022 ISSUED TO THE PETITIONER

Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.1.2023 WITH RESPECT TO 4.1 ARES

Exhibit P7 TRUE COPY OF THE BASIC TAX RECEIPT WITH RESPECT TO 12.14 ARES

Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.D.DIS-

S1/5803/20 DATED 30.4.2021 OF THE 4TH RESPONDENT

Exhibit P9 TRUE COPY OF THE AGREEMENT FOR SALE DATED 13.2.2023

Exhibit P10 TRUE COPY OF THE REQUEST DATED 11.1.2023 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P11 TRUE COPY OF THE REQUEST DATED 11.1.2023 BEFORE THE 4TH RESPONDENT