Kerala High Court
Sunil K Abraham vs Special Sale Officer on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 1804 OF 2024
PETITIONER:
SUNIL K ABRAHAM,
AGED 50 YEARS
S/O ABRAHAM, RESIDING AT KOCHUPARAMBIL HOUSE, ANICKADU
VADAKKU DHESAM, CHENGALAM EAST VILLAGE, KOTTAYAM TALUK,
PIN - 685585
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 SPECIAL SALE OFFICER,
AKALAKKUNNAM VILLAGE SCB GROUP ASSISTANT REGISTRAR OFFICE
(G) KOTTAYAM, PIN - 686001
2 SECRETARY
CHENGALAM SERVICE CO-OPERATIVE BANK CHENGALAM P.O,
KOTTAYAM DISTRICT, PIN - 685585
BY ADVS.
SHAJI THOMAS
MOHAN PULIKKAL(K/64A/1985)
JEN JAISON(K/000208/2017)
THOMASKUTTY SEBASTIAN(K/623/1987)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1804 OF 2024
2
JUDGMENT
When this matter was called today, in
response to the request of the petitioner that
Ext.P2 application be directed to be taken up
and disposed of by the competent respondent.
Sri.Shaji Thomas - learned Standing Counsel for
the 2nd respondent, submitted that the afore
application has already been disposed of through
Ext.R2(a) order; and that this factum is known
to the petitioner. He argued that, therefore,
this Writ Petition is now not maintainable.
2. However, Sri.Joseph T.John - learned
counsel for the petitioner, submitted that a
counter affidavit has been filed on record by
his client, wherein, he has averred specifically
that Ext.R2(a) is a fraudulent document, copy of
which has never been given to his client. He
submitted that the attempt of the Bank is to
WP(C) NO. 1804 OF 2024
knock off his client's property for a very
exiguous amount and therefore, that he will have
to challenge Ext.R2(a) also. He sought liberty
for his client to invoke such remedies and
prayed that the interim order granted by this
Court earlier be kept in force sometime, so as
to enable him to do so.
3. There can be little doubt that, if
Ext.P2 has already been disposed of through
Ext.R2(a), then the remedy of the petitioner is
to challenge the same appropriately. However, in
order to enable him to do so without threat of
imminent action, I deem it appropriate to grant
him limited relief.
In the afore circumstances, without entering
into the merits of any rival contentions,
including the merits of Ext.R2(a), or the
contention that it has not been served on the
WP(C) NO. 1804 OF 2024
petitioner, I dispose of this Writ Petition,
directing the respondent - Bank not to initiate
sale proceedings against the property in
question, for a period of three weeks from the
date of receipt of a copy of this judgment, so
as to enable the petitioner to invoke his
remedies against the said document as per law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 1804 OF 2024
APPENDIX OF WP(C) 1804/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE AUCTION NOTICE UNDER 81 OF
KERALA CO-OPERATIVE RULES DATED 6-2-2023
Exhibit-P2 A TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 7-
3-2023
Exhibit-P3 A TRUE COPY OF THE AUCTION SALE NOTICE IN THE
NEWS PAPER NAMED DEEPIKA DATED 8-3-2023
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 25-05-2023
IN WPC.NO.9167/2023 BEFORE THE HON'BLE HIGH
COURT OF KERALA AT ERNAKULAM
Exhibit-P5 A TRUE COPY OF THE AUCTION NOTICE UNDER RULE
81(E) OF KERALA COOPERATIVE RULES DATED
15.12.2023
Exhibit-P6 A TRUE COPY OF THE AUCTION SALE NOTICE IN THE
NEWS PAPER NAMED DEEPIKA DATED 12-1-2024
Exhibit-P7 A true copy of the notice dated 4-3-2024
issued by the 2nd Respondent in I.A.No.1/2024
Exhibit-P8
A true copy of the valuation report dated
22.03.2024
RESPONDENTS' EXHIBITS:
Exhibit R2(a) TRUE PHOTOCOPY OF THE PROCEEDINGS DATED
08.01.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit R2(b) True photocopy of the notice dated 27.01.2024
issued by the 1st respondent to the petitioner
Exhibit R2(c) True photocopy of the objection of the
petitioner dated 02.02.2024 filed before the
1st respondent
