Sanil Kumar V vs The Authorised Officer
2024 Latest Caselaw 31768 Ker

Kerala High Court

Sanil Kumar V vs The Authorised Officer on 6 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                      1




W.P.(C) No. 39103 OF 2024                               2024:KER:83088


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE D. K. SINGH

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                      WP(C) NO. 39103 OF 2024

PETITIONER:

             SANIL KUMAR V,
             AGED 51 YEARS, S/O.VAMADEVAN,
             TC 41/2505, KOCHUKARIMPADAM, THOTTAM,
             MANACADU P. O., THIRUVANANTHAPURAM, PIN - 695009.

             BY ADV.
                 SUBI K.

RESPONDENTS:

             THE AUTHORISED OFFICER,
             INDIAN OVERSEAS BANK, ERNAKULAM BRANCH,
             THEKKEKARA MANSION, OPP. KAVITHA THEATRE,
             M. G. ROAD, ERNAKULAM, PIN - 682035.

             BY ADV.
                SRI. SUNIL SHANKAR - SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.11.2024,   THE     COURT    ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                    2




W.P.(C) No. 39103 OF 2024                             2024:KER:83088



                         D. K. SINGH, J.
                         --------------------------
                    W.P.(C) No. 39103 of 2024
                          -------------------------
              Dated this the 6th day of November, 2024

                             JUDGMENT

1. The present writ petition has been filed for the following reliefs;

(i) To issue a writ of Certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibit.P4 notice, and quash the same as illegal.

(ii) To issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondent to grant further time to the petitioner to repay the entire loan amount due by selling a portion of his property with a further direction to keep in abeyance all further proceedings pursuant to Exhibit.P4 notice.

(iii) To issue a writ of Certiorari or any other appropriate writ, order or direction, to grant permission to sell a portion of the property mortgaged with the bank for closing the account.

(iv) Kindly dispense with the production of English translation of the Malayalam documents. And

(v) Grant such other reliefs as this Honourable Court may deem fit and proper.

W.P.(C) No. 39103 OF 2024 2024:KER:83088

2. This is the fourth round of litigation before this Court by the

petitioner. This Court finds no justification to issue any direction.

Hence, the present writ petition is hereby dismissed leaving it open to

the petitioners to take recourse to any other remedy as may be

available to him under the law.

Sd/-

D. K. SINGH JUDGE Svn

W.P.(C) No. 39103 OF 2024 2024:KER:83088

APPENDIX OF WP(C) 39103/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 22-03-2023 IN WP(C)NO.8920 OF 2023 OF THIS HON'BLE COURT

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 21-07-2023 IN WPC.NO.23832 OF 2023 OF THIS HON'BLE COURT

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 01-09-2023 IN WRIT APPEAL.NO.1411 OF 2023 OF THIS HON'BLE COURT

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 22-10-2024 ISSUED BY THE ADVOCATE COMMISSIONER