Anu vs The Authorized Officer/Chief Manager
2024 Latest Caselaw 32873 Ker

Kerala High Court

Anu vs The Authorized Officer/Chief Manager on 13 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 40078 OF 2024




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                                                                         2024:KER:84887


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946

                                    WP(C) NO. 40078 OF 2024


PETITIONER/S:

                 ANU, AGED 41 YEARS
                 W/O BIJU VALADI, RESIDING IN THE ADDRESS VALADIYIL HOUSE, MODAPOIKA P O,
                 VAZHIKKADAVU, MALAPPURAM DISTRICT, PIN - 679331


                 BY ADV G.SREEKUMAR (CHELUR)

RESPONDENT/S:

       1         THE AUTHORIZED OFFICER/CHIEF MANAGER
                 REGIONAL OFFICE, THE SOUTH INDIAN BANK LTD., HAPPY TOWERS, MANNAMCHIRA P
                 O, VAIKOM MUHAMMED BASHEER ROAD, , KOZHIKODE,, PIN - 673001

       2         THE SOUTH INDIAN BANK LTD
                 . REPRESENTED BY ITS AUTHORIZED OFFICER/CHIEF MANAGER, REGIONAL OFFICE,
                 THE SOUTH INDIAN BANK LTD., HAPPY TOWERS, MANNAMCHIRA P O, VAIKOM
                 MUHAMMED BASHEER ROAD, , KOZHIKODE, PIN - 673001

       3         ADV. MOHAMMED SAFAL A P
                 OTHER PERSONAL DETAILS NOT KNOWN TO THE PETITIONER, 2ND FLOOR, CITY GATE
                 BUILDING, COURT ROAD, KACHERIPPADI, MANJERY, MALAPPURAM DISTRICT,, PIN -
                 676121

                 SRI. JOHN PRAKASH-SC

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40078 OF 2024




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                                                                   2024:KER:84887



                                       JUDGMENT

The present writ petition has been filed seeking the following

reliefs:

"i) Declare that as concerning the land 4 Ares and 5 square meters in resurvey No. 1087/1-C-1022 of the Vazhikkadavu village, since no security interest is created Exts P5 to P7 orders cannot be enforced over the same by the respondents.

ii) Issue a writ of Mandamus or any other appropriate writ or direction commanding the respondents to identify the two properties namely 10 Ares and 12 square meters in resurvey No. 1087/1-C-1035 and the other property 4 Ares and 5 square meters in Sy. No. 1087/1-C-1022 of the Vazhikkadavu village and enforce the said orders only on the former property in the interest of justice.

iii) To exempt the petitioners from producing the translation of documents which are in vernacular language. AND

iv) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."

WP(C) NO. 40078 OF 2024

2024:KER:84887

2. This Court is not an Executing Court, in the exercise of the

writ jurisdiction under Article 226 of the Constitution of India, of the

orders passed by the learned Magistrate.

Therefore, the writ petition is only misconceived, which is hereby

dismissed.

Sd/-

D. K. SINGH JUDGE

jjj WP(C) NO. 40078 OF 2024

2024:KER:84887

APPENDIX OF WP(C) 40078/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SECURITIZATION APPLICATION NO. 449 OF 2022 FILED BY THE PETITIONER'S HUSBAND DATED 29.08.2022 BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM

Exhibit P2 TRUE COPY OF THE NOTICE SERVED ON THE REGIONAL MANAGER OF THE SOUTH INDIAN BANK DATED NIL

Exhibit P3 TRUE COPY OF THE REPLY BY THE BANK DATED 19.04.2022

Exhibit P4 TRUE COPY OF THE DOCUMENT BEARING NO. 7081 OF 2012 DATED 17.10.2012 WITH ENGLISH TRANSLATION

Exhibit P5 TRUE COPY OF M C NO. 1102 OF 2023 IN C M P NO. 1552 OF 2022 DATED 16.05.2022

Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI IN M C NO. 1102 OF 2023 DATED 09.10.2024

Exhibit P7 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 01.11.2024