P.K.Shanavaskhan vs Housing Development Finance ...
2024 Latest Caselaw 16771 Ker

Kerala High Court

P.K.Shanavaskhan vs Housing Development Finance ... on 12 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                 WP(C) NO. 2292 OF 2021
PETITIONER:

         P.K.SHANAVASKHAN
         AGED 40 YEARS, S/O.MUHAMMED, POLLAKKUNNAN
         HOUSE, THIRUVIZHAMKUNNU P.O., MANNARKKAD,
         PALAKKAD, PIN-678 601.

         BY ADV
              M.C.JOHN

RESPONDENTS:

         HOUSING DEVELOPMENT FINANCE CORPORATION LTD.,
         HDFC BANK BRANCH, FIRST FLOOR, HDFC HOUSE,
         DANA CENTRE, MIDDLE HALL, MALAPPURAM,
         PIN-678 505, REP. BY MANAGER.

         BY ADVS.
              SRI.K.K.CHANDRAN PILLAI (SR.)
              SMT.S.AMBILY
              SHRI.MICKY THOMAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.06.2024, ALONG WITH WP(C).10459/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.2292 of 2021 and 10459 of 2024

                                 :2:


          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                    WP(C) NO. 10459 OF 2024
PETITIONER:

           P.K. SHANAVASKHAN
           AGED 44 YEARS, S/O. MUHAMMED,
           POLLAKKUNNAN HOUSE, THIRUVIZHAMKUNNU P.O.,
           ALANELLUR, MANNARKKAD, PALAKKAD,
           PIN - 678 601.

           BY ADV
                M.C.JOHN

RESPONDENT:

           HDFC BANK LTD
           HDFC HOUSE, POST BOX NO.1667, RAVIPURAM JN,
           M.G. ROAD, COCHIN
           REPRESENTED BY IS AUTHORIZED OFFICER.,
           PIN - 682 015.

           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 12.06.2024, ALONG WITH WP(C).2292/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.2292 of 2021 and 10459 of 2024

                                 :3:

                           JUDGMENT

Dated this the 12th day of June, 2024

It is admitted by either side that by this time the

petitioner has remitted the entire overdue amount in all the

three loan accounts.

2. Therefore, it would be only just and proper that the

accounts be regularised.

The writ petitions are accordingly disposed of

directing the petitioner to pay the equated monthly

instalments promptly.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) Nos.2292 of 2021 and 10459 of 2024

APPENDIX OF WP(C) 2292/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 16.01.2021 ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 09.12.2019 IN R.P.NO.1190/19 IN W.P(C)NO.9740/19 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF DEMAND NOTICES DATED 15.10.2020 ISSUED BY THE RESPONDENT.

EXHIBIT P3(A) TRUE COPY OF THE DEMAND NOTICE DATED 02.12.2020 ISSUED BY THE RESPONDENT. W.P.(C) Nos.2292 of 2021 and 10459 of 2024

APPENDIX OF WP(C) 10459/2024

PETITIONER'S EXHIBIT

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 18.01.2024 SEEN AFFIXED BY THE RESPONDENT ON THE FRONT DOOR OF THE PETITIONER'S HOUSE.

RESPONDENT'S ANNEXURES

Annexure R 1(a) TRUE COPY OF THE ORDER PASSED BY THIS HONORABLE COURT IN R.P.NO.1190/2019 IN WPC NO.9740/2019 DATED 09.12.2019.

Annexure R 1(b) TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT WPC NO.1076/2023 DATED 16.01.2023.

Annexure R 1(c) TRUE COPY OF THE ORDER OF THIS HONORABLE COURT IN R.P.NO.183/2023 IN WPC NO.1076/2023 DATED 20.02.2023.