Kerala High Court
Prasad @ Sivaprasad vs The Authorised Officer on 24 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
OP(C) NO. 1090 OF 2024
AGAINST THE ORDER DATED 15.05.2024 IN CMP 3999/2024 IN MC NO.222
OF 2021 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONER/2ND RESPONDENT:
PRASAD @ SIVAPRASAD
AGED 64 YEARS, S/O DIVAKARAN, PROPRIETOR, M/S AZAD
VEHICLE FINANCE AND HIRE PURCHASE RESIDING AT AZAD
BHAVANAM, ADINADU SOUTH, KATTILKADAVU P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT, PIN : 690 544
REPRESENTED BY POWER OF ATTORNEY HOLDER ADARSH K P,
AGED 33 YEARS, S/O PRASAD, AZAD BHAVANAM, ADINADU
SOUTH, KATTILKADAVU P.O., KARUNAGAPPALLY, KOLLAM
DISTRICT, PIN - 690544
BY ADVS. D.SREEVALLABHAN SITHARA HAMZA KIZHAKOOT
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3 TO 5:
1 THE AUTHORISED OFFICER, CHIEF MANAGER-LAW,
CSB LTD (FORMERLY CATHOLIC SYRIAN BANK), SOUTH KERALA
ZONAL OFFICE, MALANKARA BUILDING COMPLEX, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695034
2 M/S. AZAD
VEHICLE FINANCE AND HIRE PURCHASE REPRESENTED BY IT'S
PROPRIETOR MR. PRASAD @ SIVAPRASAD, CHOICE
BUILDING. K.S. PURAM P.O., KARUNAGAPALLY, KOLLAM, PIN
- 690544
3 ASHA DEVI
W/O. PRASAD @ SIVAPRASAD, AZAD BHAVANAM, ADINAD
SOUTH, KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN -
690542
4 BHANUMATHI
W/O. DIVAKARAN, ADARSH BHAVANAM, ADINAD SOUTHH,
KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN - 690542
5 AZAD
S/O. PRASAD @ SIVAPRASAD, AZAD BHAVANM, ADNINAD
SOUTH, KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN -
690542
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) 1090/2024
-2-
JUDGMENT
Ext.P6 order passed by the learned Chief Judicial
Magistrate, Kollam, is under challenge in this Original Petition.
2. The grievance of the petitioner is that the 15 days
notice has not been given before executing the order. The
notice is dated 23.04.2024 and the date of execution is stated to
be 03.05.2024. At any rate, now that 15 days are over. Even
then, the petitioner has not complied with the order.
There is no merit in the Original Petition. Accordingly,
the Original Petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
JS
OP(C) 1090/2024
APPENDIX OF OP(C) 1090/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE PETITION CMP NO.429 OF 2021 IN
M.C. NO. 222 OF 2021 ON THE FILE OF THE CHIEF
JUDICIAL MAGISTRATE COURT, KOLLAM FILED BY THE 1ST
RESPONDENT .
Exhibit P3 TRUE COPY OF THE ORDER DATED 20.12.2021 BY THE
CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN CMP NO.
429 OF 2021 IN M.C. NO.222 OF 2021.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 23.04.2024 ISSUED BY
ADV. AKSHAY S.S. TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE CMP NO.3999 OF 2024 IN M.C. NO.
222 OF 2021 BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT, KOLLAM BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE ORDER OF DISMISSAL IN CMP NO. 3999
OF 2024 IN MC NO.222 OF 2021 BY THE CHIEF JUDICIAL
MAGISTRATE, KOLLAM.
Exhibit P7 TRUE COPY OF THE LETTER DATED 11.01.2022 SENT BY
THE BRANCH MANAGER, CSB LTD, PUTHIYAKAVU BRANCH,
KOLLAM TO THE VILLAGE OFFICER, ADINADU VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DT .
