Prasannakumari vs The Authorized Officer
2023 Latest Caselaw 10989 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 34944 OF 2023
PETITIONER:

          PRASANNAKUMARI, AGED 63 YEARS,
          W/O. BABUKUTTAN, RESIDING AT ANJALI BHAVAN,
          THYKOOTTATHIL THARAYIL, CHAVARA BRIDGE P.O,
          CHAVARA VILLAGE, KARUNAGAPALLY TALUK,
          KOLLAM DISTRICT., PIN - 691583.

          BY ADV S.SREEKUMAR (KOLLAM)


RESPONDENTS:

    1     THE AUTHORIZED OFFICER,
          LIC HOUSING FINANCE LIMITED,
          AREA OFFICE, 2ND FLOOR, LEELA TOWERS,
          KESAVADASAPURAM, PATTOM P.O,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695004.

    2     THE BRANCH MANAGER,
          LIC HOUSING FINANCE LTD, 1ST FLOOR,
          BHARATH TOWERS, TALUK OFFICE JUNCTION,
          KOLLAM DISTRICT., PIN - 691001.

    3     ADVOCATE LATHEESH R. PRASAD,
          KOLLAM BAR ASSOCIATION, COLLECTORATE,
          KOLLAM, PIN - 691013.

    4     LAILA BEEVI, AGED 52 YEARS,
          D/O. THANGAL KUNJU, THAYYIL THEKKETHIL,
          PATTATHANAM, PUTHUKKADUKARA -691 585,
          CHAVARA, KOLLAM., PIN - 691585.

          BY ADV.SRI.SAJITH KURUP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34944 OF 2023
                              -2-

                         JUDGMENT

The limited plea of the petitioner is that

respondent - Bank be directed to allow her to

remove the articles and pets from the building,

which has now been taken possession by them,

under the provisions of the Securitization and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002

(SARFAESI Act).

2. Adverting to the afore limited relief of

the petitioner, this Court has passed an order

on 20.10.2023 in the following manner:

"Sri.Sajith Kurup - learned counsel for respondents 1 and 2, submitted that, if the petitioner approaches his client tomorrow, he can be allowed to take personal effects and articles from the building in question which is now sealed by the 3rd respondent - Advocate Commissioner.

This is recorded and the petitioners are given liberty to act accordingly.

List for further consideration on 26.10.2023"

WP(C) NO. 34944 OF 2023

3. Today, Sri.S.Sreekumar - learned counsel

for the petitioner, submitted that his client

would require two more days time to remove the

articles. This request is not opposed by the

learned counsel for the respondent Bank either.

In the afore circumstances, I close this

writ petition, recording the undertaking of the

Bank that they will allow the petitioner to

remove all her personal articles from the

property in question, including pets and such

other that she chooses, on or before 31.10.2023.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 34944 OF 2023

APPENDIX OF WP(C) 34944/2023

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 05.12.2022 IN M. C. 796/2022 OF THE CJM COURT, KOLLAM