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Jaseentha vs Kerala State Financial Enterprises Ltd
2024 Latest Caselaw 32075 Ker

Citation : 2024 Latest Caselaw 32075 Ker
Judgement Date : 7 November, 2024

Kerala High Court

Jaseentha vs Kerala State Financial Enterprises Ltd on 7 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2024:KER:82906

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                   RP NO. 1110 OF 2024

        AGAINST THE JUDGMENT DATED IN WP(C) NO.32243 OF

              2023 OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

         JASEENTHA
         AGED 55 YEARS
         W/O. LATE GILBERT, KARUKAPPARAMBIL,
         PUNNAPRA P.O., ALAPPUZHA,
         PIN - 688004


         BY ADVS.
         B.PRAMOD
         ATHUL M.V.


RESPONDENTS/RESPONDENTS:

    1    KERALA STATE FINANCIAL ENTERPRISES LTD.
         "BHADRATHA", MUSEUM ROAD,
         P. B. NO. 510, THRISSUR,
         REPRESENTED BY ITS MANAGING DIRECTOR.,
         PIN - 680020

    2    THE DISTRICT COLLECTOR
         COLLECTORATE, ALAPPUZHA.,
         PIN - 688001

    3    THE DEPUTY TAHASILDAR (RR),
         KERALA STATE FINANCIAL ENTERPRISES,
         RR UNIT, ALAPPUZHA,
         PIN - 688001
                                             2024:KER:82906
RP Nos.1110 & 1111 of 2024

                             2




    4     THE VILLAGE OFFICER
          PARAVOOR VILLAGE, AMBALAPPUZHA TALUK,
          ALAPPUZHA DISTRICT,
          PIN - 688004

    5     THE SUB REGISTRAR
          ALAPPUZHA SRO, ALAPPUZHA,
          PIN - 688001

    6     YESUDAS
          S/O. LOUIS, VADAKKETHAYYIL,
          PUNNAPRA P.O., ALAPPUZHA,
          PIN - 688004


          SRI. SALIL NARAYANAN.,SC
          SMT. SHEEJA C.S.,SR.GOVERNMENT PLEADER

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
07.11.2024, ALONG WITH RP.1111/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                2024:KER:82906
RP Nos.1110 & 1111 of 2024

                              3



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                     RP NO. 1111 OF 2024

        AGAINST THE JUDGMENT DATED IN WP(C) NO.34554 OF

                2023 OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

          SAJITHA YESUDAS
          AGED 48 YEARS
          W/O. SEBASTIAN, KOYIPARAMBIL,
          PUNNAPRA P.O., AMBALAPPUZHA TALUK,
          ALAPPUZHA, PIN - 688004


          BY ADVS.
          B.PRAMOD
          ATHUL M.V.




RESPONDENTS/RESPONDENTS:

    1     KERALA STATE FINANCIAL ENTERPRISES LTD.
          "BHADRATHA", MUSEUM ROAD,
          P. B. NO. 510, THRISSUR,
          REPRESENTED BY ITS MANAGING DIRECTOR.,
          PIN - 680020
                                             2024:KER:82906
RP Nos.1110 & 1111 of 2024

                             4


    2     THE DEPUTY TAHASILDAR (RR),
          KERALA STATE FINANCIAL ENTERPRISES,
          RR UNIT, ALAPPUZHA,
          PIN - 688001

    3     THE VILLAGE OFFICER
          PARAVOOR VILLAGE, AMBALAPPUZHA TALUK,
          ALAPPUZHA DISTRICT.,
          PIN - 688004

    4     THE SUB REGISTRAR
          ALAPPUZHA SRO, ALAPPUZHA,
          PIN - 688001

    5     YESUDAS
          S/O. LOUIS, VADAKKETHAYYIL,
          PUNNAPRA P.O., ALAPPUZHA,
          PIN - 688004

    6     ELIYAMMA YESUDAS
          W/O. YESUDAS, VADAKKETHAYYIL,
          PUNNAPRA P.O., ALAPPUZHA,
          PIN - 688004

          SRI.P.C.ANIL KUMAR
          SMT.SHEEJA C.S.,SR.GOVERNMENT PLEADER



     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
07.11.2024, ALONG WITH RP.1110/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                       2024:KER:82906
RP Nos.1110 & 1111 of 2024

                                5



                             ORDER

Dated this the 7th day of November, 2024

[RP No. 1110/2024 in W.P.(C) No.32243/2023 & RP No.1111/2024 in W.P.(C) No.34554/2023]

The review petitioners, who are the writ petitioners in

both the writ petitions, challenged the common judgment

dated 10.10.2024. Paragraphs 10 and 11 of the judgment

reads as follows:-

"10. The petitioners in both the writ petitions purchased pieces of land from respondents 5 and 6. The purchase was by way of registered sale deeds. The sellers of the property had mortgaged the property in question with the 1st respondent-KSFE Limited in connection with chitty transactions. When the sellers failed to pay the amount to the 1 st respondent, the 1st respondent initiated legal proceedings and the properties of respondents 5 and 6 were attached.

11. When the petitioners applied for mutation of the properties in their favour, the Revenue Officers declined mutation as there was prior attachment. The petitioners had purchased the property from respondents 5 and 6 perhaps without the knowledge that the properties stand attached at the instance of the KSFE Limited."

2024:KER:82906 RP Nos.1110 & 1111 of 2024

2. Counsel for the review petitioners submits that

statements made therein / conclusions arrived at by this

Court are factually erroneous. Respondents 5 and 6

however dispute the said allegation.

In view of the facts of the case, I do not find that a

review of the judgment is warranted. There is no error on the

face of the records of the case. The Review Petitions are

hence dismissed.

Sd/-

N.NAGARESH JUDGE hmh

 
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