Kerala High Court
S.Reghunathan vs Housing Development Finance ... on 4 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 9226 OF 2024
PETITIONER:
S.REGHUNATHAN, AGED 60 YEARS
S/O.SANKU, PARAMBIL PUTHEN PURAYIL, PADA NORTH,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
T.SREEKANTAN
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,
REPRESENTED BY ITS AUTHORIZED OFFICER,
HDFC HOUSE, VAZHUTHACUD, POST BOX NO.2288,
THIRUVANANTHAPURAM, PIN - 695010
2 AUTHORIZED OFFICER,
HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,
HDFC HOUSE, VAZHUTHACUD, POST BOX NO.2288,
THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
AMBILY S
RUPA R. NAIR(K/001021/2023)
RUBAN JOE TONIYO(K/002926/2022)
MATHEW JOSEPH BALUMMEL(K/001219/2019)
K.K.CHANDRAN PILLAI (SR.)(C-41)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.9226 of 2024
2
JUDGMENT
Dated this the 4th day of April, 2024
The petitioner has filed this writ petition seeking the
following reliefs:
(i) To issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
respondents to permit the petitioner to pay the
defaulted instalments in total on a date after six
months;
(ii) To issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
respondents to permit the petitioner to pay the
defaulted instalment amount with interest in easy
instalments and accordingly regularise the loans;
(iii) To issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
respondents to not to continue the proceedings as per
SARFAESI Act pursuant to Exts.P1 and P2 notices;
(iv) To issue a Writ of certiorari or any other
appropriate writ, order to quash Exts.P1 and P2
notices;
(v) To grant such other appropriate Writ or further
relief as deemed fit and proper by this Honorable Court
on the facts and circumstances of the case.
(vi) To dispense with the translation of the
documents produced in the vernacular language.
2. When the writ petition came up for admission on
07.03.2024, this Court passed an interim order directing that if
the petitioner remits an amount of ₹5 lakhs on or before
27.03.2024, coercive proceedings against the petitioner shall
stand deferred till 04.04.2024.
3. When the writ petition came up for hearing today,
counsel for the petitioner submitted that the petitioner could
not remit the said amount. A prospective purchaser has come
to purchase the property. If the sale in favour of that person is
materialised, the petitioner will be able to clear the
outstanding amount in the month of May.
4. Heard the learned counsel for the petitioner and the
learned Standing Counsel representing the respondents.
5. The writ petition is filed seeking to direct the
respondents to permit the petitioner to pay the defaulted
instalments in total, on a date after six months. Such a prayer
cannot be granted by this Court under Article 226 of the
Constitution of India. The petitioner was given an opportunity
to make a part payment of ₹5 lakhs on or before 27.03.2024.
The petitioner has not complied with the said direction.
In view of the above, no further relief can be granted to
the petitioner. The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 9226/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE NOTICE DATED 22.12.2022
ISSUED BY THE 1ST RESPONDENT BANK
DEMANDING RS.51,17,437/-
Exhibit P2 A COPY OF THE NOTICE DATED 21.02.2024
BY ADVOCATE COMMISSIONER APPOINTED BY
THE CHIEF JUDICIAL MAGISTRATE COURT,
KOLLAM AS PER ITS ORDER DATED
