S. Pushpalatha vs Authorized Officer
2024 Latest Caselaw 14977 Ker

Kerala High Court

S. Pushpalatha vs Authorized Officer on 4 June, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       WP(C) NO. 10967 OF 2021
PETITIONER:

            S. PUSHPALATHA
            AGED 60 YEARS
            W/O.S.VEERAKUMAR, RESIDING AT TC 48/982, SOWPARNIKA,
            THAMPALAM, POOJAPPURA P.O., TRIVANDRUM, PIN - 695 012.
            BY ADV R.S.KALKURA


RESPONDENTS:

    1       AUTHORISED OFFICER
            HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC
            HOUSE, P.O.BOX NO.2288, VAZHUTHACAUD, TRIVANDRUM - 695
            010.
    2       HOUSING DEVELOPMENT FINANCE CORPORATION LTD.
            HDFC HOUSE, P.O.BOX NO.2288, VAZHUTHACAUD, TRIVANDRUM -
            695 010 REPRESENTED BY ITS MANAGER.
    3       V.GOPIKRISHNAN
            S/O.LATE S.VEERAKUMAR, RESIDING AT TC 48/982,
            SOWPARNIKA, THAMALAM, POOJAPPURA P.O., TRIVANDRUM,
            PIN - 695 012.
    4       V.MURALEEKRISHNAN
            S/O.LATE S.VEERAKUMAR, RESIDING AT TC 48/982,
            SOWPARNIKA, THAMALAM, POOJAPPURA P.O., TRIVANDRUM,
            PIN - 695 012.
    5       THE DEBT RECOVERY TRIBUNAL NO.II
            ERNAKULAM REPRESENTED BY ITS REGISTRAR, 1ST FLOOR, KSHB
            BUILDING, PANAMPILLY NAGAR, ERNAKULAM - 682 036.
            BY ADVS.
            SRI.K.K.CHANDRAN PILLAI (SR.)
            G.SUDHEER
            SMT.S.AMBILY
            R.HARIKRISHNAN (H-308)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).21597/2021, 32584/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

                                             2



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
          TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                             WP(C) NO. 21597 OF 2021
PETITIONER:

              S.PUSHPALATHA
              AGED 60 YEARS
              W/O LATE.S. VEERAKUMAR, RESIDING AT TC 48/982,
              SOWPARNIKA, THAMALAM, POOJAPPURA P.O, TRIVANDRUM, PIN-
              695 012.
              BY ADV R.S.KALKURA


RESPONDENTS:

      1       AUTHORISED OFFICER
              HOUSING DEVELOPMENT FINANCE CORPORATION LTD, HDFC
              HOUSE, P.O.BOX NO 2288, VZHUTHACADU, TRIVANDRUM-695
              010.
      2       HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
              HDFC HOUSE, P.O.BOX NO 2288, VZHUTHACADU, TRIVANDRUM-
              695 010. REPRESENTED BY ITS MANAGER.
      3       V.GOPIKRISHNAN,
              S/O LATE VEERAKUMAR, RESIDING AT TC 48/982, SOWPARNIKA,
              THAMALAM, POOJAPPURA P.O, TRIVANDRUM, PIN695 012.
      4       V.MURALEEKRISHNAN,
              S/O LATE VEERAKUMAR, RESIDING AT TC 48/982, SOWPARNIKA,
              THAMALAM, POOJAPPURA P.O, TRIVANDRUM, PIN695 012.
      5       THE DEBT RECOVERY TRIBUNAL NO 11,
              ERNAKULAM, REPRESENTED BY ITS REGISTRAR, 1ST FLOOR,
              KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036.
              BY ADVS.
              K.K.CHANDRAN PILLAI (SR.)
              S.AMBILY
              MICKY THOMAS


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).10967/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

                                             3



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
          TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                             WP(C) NO. 32584 OF 2023
PETITIONER:

              S. PUSHPALATHA
              AGED 62 YEARS
              W/O LATE S. VEERAKUMAR, RESIDING AT TC 48/982,
              SOWPARNIKA, THAMALAM, POOJAPPURA P.O, TRIVANDRUM, PIN -
              695 012
              BY ADV S.ANANTHAKRISHNAN


RESPONDENTS:

      1       AUTHORIZED OFFICER
              HOUSING DEVELOPMENT FINANCE CORPORATION LTD, HDFC
              HOUSE, P.O. BOX NO. 2288, VAZHUTHACADU, TRIVANDRUM,
              PIN - 695010
      2       HOUSING DEVELOPMENT FINANCE CORPORATION LTD
              VAZHUTHACADU, TRIVANDRUM REPRESENTEDBY ITS MANAGER, PIN
              - 695010
      3       V. GOPIKRISHNAN
              S/O.LATE S.VEERAKUMAR RESIDING AT TC 48/982,
              SOWPARNIKA, THAMALAM, POOJAPPURA P.O, TRIVANDRUM,
              PIN - 695012
      4       V.MURALEEKRISHNAN
              S/O.LATE S.VEERAKUMAR RESIDING AT TC 48/982,
              SOWPARNIKA, THAMALAM, POOJAPPURA P.O, TRIVANDRUM,
              PIN - 695012
              BY ADVS.
              Ambily S
              RUPA R. NAIR(K/001021/2023)
              RUBAN JOE TONIYO(K/002926/2022)
              K.K.CHANDRAN PILLAI (SR.)(C-41)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).10967/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

                                             4




                              T.R. RAVI, J.
                   -----------------------------------
       WP(C) Nos. 10967 of 2021, 21597 of 2021 & 32584 of 2023
                  --------------------------------------
                   Dated this the 4th day of June, 2024

                                       JUDGMENT

When these cases are taken up, it is submitted by the learned

counsel for the petitioners that the matter has become infructuous.

Hence, these Writ Petitions are dismissed as infructuous.

Sd/-

T.R.RAVI JUDGE mus WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

APPENDIX OF WP(C) 10967/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1828 OF 1980 DATED 13/6/1980.

EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH OF THE BUILDING PUT UP IN THE PROPERTY.

EXHIBIT P3 TRUE COPY OF THE HINDU DAILY DATED 16/1/2021 CONTAINING NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT PUBLISHED BY THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE OBJECTION ISSUED TO THE RESPONDENTS 1 AND 2 DATED 1/2/2021 SUBMITTED BY THE PETITIONER TO SECTION 13(2) NOTICE PUBLISHED BY THE FIRST RESPONDENT IN HINDU DAILY.

EXHIBIT P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING ISSUANCE OF EXHIBIT P4 TO RESPONDENTS 1 AND 2.

EXHIBIT P6 TRUE COPY OF THE VALUATION CERTIFICATE DATED 15/4/2021 ISSUED BY M/S.J.K.ASSOCIATE, CONSORTIUM OF REGISTERED VALUERS. EXHIBIT P7 TRUE COPY OF NOTICE DATED 31/3/2021 UNDER SECTION 13(12) OF THE SARFAESI ACT WHICH WAS PASTED ON THE WALLS OF THE RESIDENTIAL BUILDING OF THE APPLICANT.

EXHIBIT P8 TRUE COPY OF S.A.NO.149 OF 2021 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM EXCLUDING THE EXHIBITS. EXHIBIT P9 TRUE COPY OF THE IA NO.722 OF 2021 FOR STAY OF FURTHER PROCEEDINGS UNDER SARFAESI ACT. WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

APPENDIX OF WP(C) 21597/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE BUILDING PUT UP IN THE PROPERTY Exhibit P2 TRUE COPY OF THE HINDU DAILY DATED 16.1.2021 CONTAINING NOTICE UNDER SECTION 13920 OF THE SARFAESI ACT PUBLISHED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE OBJECTION ISSUED TO THE RESPONDENTS 1 AND 2 DATED 1.2.2021 SUBMITTED BY THE PETITIONER TO SECTION 13(20 NOTICE PUBLISHED BY THE FIRST RESPONDENT IN HINDU DAILY Exhibit P4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING ISSUANCE OF EXHIBIT P3 TO RESPONDENTS 1 AND 2 Exhibit P5 TRUE COPY OF THE VALUATION CERTIFICATE DATED 15.4.2021 ISSUED BY M/S J.K.ASSOCIATE, CONSORTIUM OF REGISTERED VALUERS Exhibit P6 TRUE COPY OF NOTICE DATED 31.3.2021 UNDER SECTION 13920 OF THE SARFAESI ACT WHICH WAS PASTED ON THE WALLS OF THE RESIDENTIAL BUILDING OF THE APPLICANT Exhibit P7 TRUE COPY OF SA NO 149 OF 2021 FILED ON 21.4.2021 BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL 11, ERNAKULAM EXCLUDING THE EXHIBITS Exhibit P8 TRUE COPY OF THE IA NO 722 OF 2021 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 4.5.2021 IN WPC NO 10967 OF 2021 Exhibit P10 TRUE COPY OF THE IA NO 123 OF 2021 IN SA NO 149 OF 2021 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 6.9.2021 Exhibit P11 TRUE COPY OF THE PLAN PRODUCED AS ANNEXURE A9 IN IA 1123 OF 2021 1123 OF 2021 IN SA NO 149 OF 2021 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P12 TRUE COPY OF THE ORDER DATED 10.9.2021 IN MC NO 371 OF 2021 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

APPENDIX OF WP(C) 32584/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE BUILDING PUT UP IN THE PROPERTY Exhibit P2 TRUE COPY OF THE HINDU DAILY DATED 16.1.2021 CONTAINING NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT PUBLISHED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE OBJECTION ISSUED TO THE RESPONDENTS 1 AND 2 DATED 1.2.2021 SUBMITTED BY THE PETITIONER TO SECTION 13(2) NOTICE PUBLISHED BY THE FIRST RESPONDENT IN HINDU DAILY Exhibit P4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING ISSUANCE OF EXHIBIT P3 TO RESPONDENTS 1 AND 2 Exhibit P5 TRUE COPY OF THE VALUATION CERTIFICATE DATED 15.4.2021 ISSUED BY M/S.J.K.ASSOCIATE, CONSORTIUM OF REGISTERED VALUERS Exhibit P6 TRUE COPY OF NOTICE DATED 31.3.2021 UNDER SECTION 13(12) OF THE SARFAESI ACT WHICH WAS PASTED ON THE WALLS OF THE RESIDENTIAL BUILDING OF THE APPLICANT Exhibit P7 TRUE COPY OF S.A.NO. 149 OF 2021 FILED ON 21.04.2021 BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM EXCLUDING THE EXHIBITS Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 04.05.2021 IN WP(C) NO. 10967 OF 2021 Exhibit P9 TRUE COPY OF THE I.A NO. 1123 OF 2021 IN S.A NO. 149 OF 2021 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 06.09.2021 Exhibit P10 TRUE COPY OF THE PLAN PRODUCED AS ANNEXURE-A9 IN I.A 1123 OF 2021 1123 OF 2021 IN S.A NO. 149 OF 2021 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P11 TRUE COPY OF THE ORDER DATED 10.09.2021 IN MC NO. 371 OF 2021 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM Exhibit P12 TRUE COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SARFAESI ACT PUBLISHED IN THE INDIAN EXPRESS DAILY DATED 02.06.2023 Exhibit P13 TRUE COPY OF THE OBJECTION DATED 24.07.2023 SUBMITTED BY THE PETITIONER TO SECTION 13(2) WP(C) Nos. 10967 of 2021, 21597 of 2021, 32584 of 2023

NOTICE Exhibit P14 TRUE COPY OF THE PLAINT IN O.S. 1609 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM.