Kerala High Court
Jinu Mathew vs Union Of India on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 33311 OF 2023
PETITIONERS:
1 JINU MATHEW
AGED 46 YEARS, SON OF K M MATHEW,
KUZHIVELIL VEEDU, PERUMPRAMAVU P. O.,
KEEZHAVAIPUR MURI, MALLAPPALLY VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA,
KERALA, PIN - 689587.
2 K. M. MATHEW,
AGED 78 YEARS,
SON OF K. T. MATHAI, KUZHIVELIL, PERUMPRAMAVU P. O.,
KEEZHVAIPUR MURI, MALLAPPALLY VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA,
KERALA, PIN - 689587.
BY ADVS.
SRI. V. JOHN MANI
SRI. VARGHESE SABU
SMT. SETHULAKSHMI K. K.
SMT. SHAMEENA K. Y.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCES,
3 RD FLOOR, JEEVAN DEEP BUILDING, SUNSAD MARG,
NEW DELHI, PIN - 110001.
2 M/S. FEDERAL BANK LTD.,
REPRESENTED BY ITS AUTHORISED OFFICER, FEDERAL TOWERS,
MARKET RD, PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101.
3 FEDERAL BANK LTD.,
REPRESENTED BY ITS MANAGER, BROADWAY BRANCH,
CATHOLIC CENTRE, KOCHI, PIN - 682031.
4 EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED,
REPRESENTED BY ITS AUTHORISED OFFICER,
EDELWEISS OFF CST ROAD, KALINA, MUMBAI, PIN - 400098.
WP(C) NO. 33311 OF 2023
2
5 M/S. KUZHUVELIL EXPORTS & IMPORTS.
18/1553, PALLICHAL ROAD, KOCHI,
REPRESENTED BY MANAGING PARTNER SRI.THOMAS MATHEW,
SON OF LATE K T MATHAI, KUZHUVELIL HOUSE,
PERUMBERAMMAVU, MALLAPPALLY,
PATHANAMTHITTA, PIN - 682025.
6 THOMAS MATHEW,
SON OF LATE K T MATHAI, MANAGING PARTNER,
M/S KUZHUVELIL EXPORTS & IMPORTS,
KUZHUVELIL HOUSE, PERUMBERAMMAVU, MALLAPPALLY,
PATHANAMTHITTA, NOW RESIDING AT FLAT 104,
RUNWAL GRAND BUILDING, ABOVE DHANLAKSHMI BANK,
AMBEDKAR GARDEN-18TH ROAD, CHEMBUR, MUMBAI,
MAHARASHTRA, PIN - 400071.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 33311 OF 2023
3
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 33311 of 2023
-------------------------
Dated this the 2nd day of August, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner
seeking a writ of mandamus commanding the respondent Bank not
to dispose or alienate petitioners' property admeasuring 58.30 Ares
in Resurvey No. 212/13 of Mallappally Village in satisfaction of the
debt allegedly due from the respondents 5 and 6 under the
provisions of the SARFAESI Act. The 2nd petitioner is the brother of
the 5th respondent. The 6th respondent had created equitable
mortgage of the said property in favour of the respondent Bank to
obtain the loan.
2. The 6th respondent's name got mutated in the said property in
view of the partition deed. The land was taken on the basis of the
registered partition deed No. 1783 of 2005 executed and registered
in the year 2005. The petitioner has filed the Civil Suit, O.S. No. 226
of 2022 to declare the partition deed executed in the year 2005 as
null and void. The learned Munsiff's Court, Thiruvalla passed
Judgment and Decree dated 10.11.2022 and declared the partition
deed dated 28.10.2005 as null and void. On the strength of this
WP(C) NO. 33311 OF 2023
decree obtained by the petitioners in the suit filed after seventeen
years, now the petitioner resorts his right that the property in
question should not be alienated by the respondent Bank to satisfy
its dues.
3. I find no substance in this writ petition. It is nothing but, a
gross abuse of the process of the Court and law. The partition deed
of the year 2005 came to be declared null and void in the year 2022
in a suit that was filed in the year 2022. In view thereof, the present
writ petition is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 33311 OF 2023
APPENDIX OF WP(C) 33311/2023
PETITIONERS' EXHIBITS
EXHIBIT P.1 A TRUE COPY OF THE WILL NO. 47/1984 DATED
04/09/1984 OF MALLAPPALLY SRO ALONG WITH
ITS TRUE TRANSLATION
EXHIBIT P2 A TRUE COPY OF THE PARTITION DEED NO.
1783 OF 2005 OF MALLAPPALLY SRO ON
28/10/2005
EXHIBITP3 A TRUE COPY OF THE LETTER NO. 164/22
DATED 25/04/2022 OF THE VILLAGE OFFICER,
MALLAPPALLY
EXHIBIT P.4 A TRUE COPY OF THE REPLY ISSUED BY SUB
REGISTRAR'S OFFICE DATED 25/04/2022
EXHIBIT P.5 A TRUE COPY OF THE JUDGEMENT IN OS NO.
226 OF 2022 BEFORE THE HON'BLE MUNSIFF'S
COURT, THIRUVALLA DATED 10/11/2022
EXHIBIT P.6 A TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE VILLAGE OFFICE, MALLAPPALLY
DATED 06/04/2023
EXHIBIT P.6 (A) A TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE VILLAGE OFFICE, MALLAPPALLY
DATED 13/03/2023
EXHIBIT P.7 A TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 17/08/2023 ISSUED BY
THE SUB REGISTRAR'S OFFICE, MALLAPPALLY
EXHIBIT P 8 A TRUE COPY OF THE MEMORANDUM OF ORIGINAL
APPLICATION NO. 54 OF 2019 PENDING BEFORE
THE HON'BLE DEBT RECOVERY TRIBUNAL- I,
ERNAKULAM WITHOUT ITS ANNEXURES.
EXHIBIT P. 8 (A) A TRUE COPY OF THE PROCEEDINGS OF THE
HON'BLE DEBT RECOVERY TRIBUNAL- I,
ERNAKULAM IN OA NO. 54 OF 2019 DATED
08/03/2021
WP(C) NO. 33311 OF 2023
EXHIBIT P.9 A TRUE COPY OF THE IA NO. 3195 OF 2023 IN
OA NO. 54 OF 2019 PENDING BEFORE THE
HON'BLE DEBT RECOVERY TRIBUNAL- I,
ERNAKULAM WITHOUT ITS ANNEXURES
EXHIBIT P.10 A TRUE COPY OF THE REPRESENTATION DATED
25/09/2023 ISSUED BY THE PETITIONERS TO
2ND RESPONDENT
EXHIBIT P.11 A TRUE COPY OF THE REPRESENTATION DATED
25/09/2023 ISSUED BY THE PETITIONERS TO
3RD RESPONDENT
EXHIBIT P.12 A TRUE COPY OF THE REPRESENTATION DATED
25/09/2023 ISSUED BY THE PETITIONERS TO
4TH RESPONDENT
