Rajan M vs Canara Bank, Parat Branch
2024 Latest Caselaw 11713 Ker

Kerala High Court

Rajan M vs Canara Bank, Parat Branch on 25 April, 2024

WP(C) No.16617/2024                       1/3                       Order Date : 25-04-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
                              WP(C) NO. 16617 OF 2024
   PETITIONER:

          RAJAN M, AGED 58 YEARS, S/O. KUMARAN, C/O.SUJATHA, VADAKKAYIL
          PULLAPPALI HOUSE, CHERUPARAMBA, THALASSERY, KANNUR DISTRICT, PIN -
          670693.

   RESPONDENTS:

      1. CANARA BANK, PARAT BRANCH REPRESENTED BY ITS BRANCH MANAGER, PARAT
         P.O., KANNUR DISTRICT, PIN - 670693.
      2. THE AUTHORISED OFFICER, CANARA BANK, PARAT BRANCH, KANNUR DISTRICT,
         PIN - 670693.

        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to this Hon'ble Court be pleased to stay all further proceedings
   to sell the property of the petitioner pursuant to Exbt-P1, pending final
   disposal of the writ petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.M.ANUROOP, K.SUJITH MOHAN & MURSHID ALI M. Advocates for the
   petitioner, the court passed the following:
 WP(C) No.16617/2024                       2/3                    Order Date : 25-04-2024


                             ZIYAD RAHMAN A.A, J.
                          ------------------------------------
                          W.P (C.) No.16617 of 2024
                          ------------------------------------
                      Dated this the 25th day of April, 2024

                                      ORDER

Today when the matter came up for consideration, learned

Counsel for the petitioner undertakes that he shall pay the amount

due within a period of two weeks. On the other hand, learned

Standing Counsel appearing for the respondents pointed out that,

the possession is to be taken on 05.05.2024 and even though on an

earlier occasion, Ext.P2 judgment was passed by this Court,

permitting installment facility to the petitioner, the same has not

been complied with.

It is seen from the records that the total amount due is

Rs.24,80,000/- (Rupees twenty four lakh eight thousand only). In

such circumstances, it is ordered that, in case the petitioner remits

50% of the said amount on or before 04.05.2024, the proposal to

take possession of the property shall be deferred for a further

period of two weeks. The remaining amount shall be paid before

11.05.2024.

Post the writ petition after vacation.

Sd/-

                                                 ZIYAD RAHMAN A.A

        AP                                            JUDGE
 WP(C) No.16617/2024                3/3                        Order Date : 25-04-2024

                       APPENDIX OF WP(C) 16617/2024
Exhibit P1            TRUE COPY OF THE POSSESSION NOTICE DATED 19-04-2024
                      ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P2            TRUE COPY OF THE JUDGMENT IN WP(C) NO. 30545/2023 DATED
                      19-09-2023