T.K. Gangan Menon vs Authorised Officer
2024 Latest Caselaw 12352 Ker

Kerala High Court

T.K. Gangan Menon vs Authorised Officer on 20 May, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.16419/2024                        1/3                        Order Date : 20-05-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                          THE HONOURABLE MR.JUSTICE N.NAGARESH
                  Monday, the 20th day of May 2024 / 30th Vaisakha, 1946
                                  WP(C) NO. 16419 OF 2024
   PETITIONER:

          T.K. GANGAN MENON, AGED 63 YEARS , S/O. THERAMBATTIL PADMAVATHI
          AMMA, 19/447, THERAMBATTIL HOUSE, CHALAPPURAM (P.O), KOZHIKODE, PIN
          - 673002

   RESPONDENTS:

      1. AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LIMITED,
         KALLAI ROAD, KOZHIKODE,NOW KERALA BANK), PIN - 673002
      2. THE BRANCH MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK,KALLAI ROAD
         MAIN BRANCH, KALLAI ROAD, CHALAPPURAM (P.O), KOZHIKODE, (NOW KERALA
         BANK)., PIN - 673002
      3. THE CALICUT CO-OPERATIVE URBAN BANK LIMITED, KALLAI ROAD, KOZHIKODE,
         REPRESENTED BY ITS MANAGER, PIN - 673002

        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 pass an order, directing the respondents 1 and 2 not to effect
   sale of the mortgaged property, pending final disposal of the above writ
   petition (civil).
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S R.BINDU (SASTHAMANGALAM) & G.RAJAGOPAL (KUMMANAM), Advocates for the
   petitioner, M/S DEVAPRASANTH P.J & SMINI JOSE, Advocate for R3, the court
   passed the following:
 WP(C) No.16419/2024                            2/3                             Order Date : 20-05-2024




                                       N. NAGARESH, J.
                              --------------------------------------------
                                  W.P.(C) No.16419 of 2024
                           -------------------------------------------------
                           Dated this the 20th day of May, 2024


                                             ORDER

Standing Counsel for the 1st respondent vehemently

opposed the writ petition and submits that this is the third

round of litigation and the total outstanding amount would

come to ₹40,41,564/- as on 20.05.2024.

2. Standing Counsel to file a statement. In the

meanwhile, if the petitioner remits an amount of ₹10 lakhs

within a period of three weeks, there will be an interim order

staying further coercive proceedings against the petitioner till

11.06.2024.

Post on 11.06.2024.

Sd/-

N. NAGARESH JUDGE ams WP(C) No.16419/2024 3/3 Order Date : 20-05-2024

APPENDIX OF WP(C) 16419/2024 Exhibit -P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P (C) NO. 4083/2021 DATED 04.03.2021. Exhibit -P2 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 27.03.2024 IN R.P. NO. 148/2022 IN W.P (C) NO. 4083/2021.

Exhibit -P3 TRUE COPY OF THE APPLICATION DATED 08.03.2022 SUBMITTED BY THE PETITIONER.

Exhibit -P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 01.08.2022.

Exhibit -P5 TRUE COPY OF THE SURVEY SKETCH OF THE PROPERTY. Exhibit -P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE KOZHIKODE CORPORATION DATED 13.12.2023.

Exhibit -P7 TRUE COPY OF THE APPLICATION FOR PERMIT SUBMITTED BY THE PETITIONER DATED 25.03.2024. Exhibit -P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 DATED 15.03.2024.