Kerala High Court
The Federal Bank Limited Represented By ... vs Special Deputy Collector (Land ... on 17 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.18163/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 18163 OF 2024
PETITIONER:
THE FEDERAL BANK LIMITED REPRESENTED BY ITS VICE
PRESIDENT & BRANCH HEAD, LCRD ERNAKULAM DIVISION,
MARINE DRIVE, ERNAKULAM, KOCHI, PIN - 682031
BY ADVS. MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS, NIGI GEORGE
ANANTHU V.LAL, HARISANKAR S.
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION-NH)
CIVIL STATION, COLLECTORATE, ALAPPUZHA - 688001
2 SPECIAL TAHSILDAR (LA), OFFICE OF THE SPECIAL
TASHSILDAR, LA (NH) N O.2, ALAPUZHA, PIN - 686001
3 THE PRINCIPAL COMMISSIONER OF CENTRAL TAX &
CENTRAL EXCISE C.R.BUILDING, I.S.PRESS ROAD,
KOCHI - 682017
4 INDIA VISION SATELLITE COMMUNICATION LIMITED
40/2277 ANCHUMANA ROAD, MAMANGALAM, ERNAKULAM -
REPRESENTED BY ITS RESIDENT DIRECTOR -
JAMALUDHEEN FAROOQUEE T.A. RESIDING AT
THARAVATTATH HOUSE, FAROOK COLLEGE POST,
KOZHIKODE, PIN - 673632
BY ADVS. ADV. K. M. JAMALUDHEEN
LATHA PRABHAKARAN(K/158/1993)
SAINA MARIYAM BABY(K/001713/2023)
SMT.DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.18163/2024
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JUDGMENT
This writ petition has been filed seeking a declaration
and issuance of writ of mandamus directing the 1 st respondent to
deposit the compensation awarded in respect of the property
mortgaged to the petitioner by the 4th respondent consequent to
his default in repayment of loan availed from the petitioner bank.
2. Heard Sri. Mohan Jacob George, the learned
counsel for the petitioner, Sri. K.M. Jamaludheen, the learned
counsel for the 4th respondent and Smt. Deepa V., the learned
Government Pleader.
3. As per order dated 30.5.2024, this Court
directed the 1st respondent to deposit an amount of
₹4,74,92,314/- from the amount awarded in LAC No.322/2020 to
the petitioner. It was further ordered that the petitioner shall
not appropriate the said amount towards the loan amount due
from the 4th respondent. Thereafter, Ext.P8 award has been
passed in the Lok Adalath on 5.10.2024 in O.A.No.516/2019 by
which the 4th respondent agreed to pay a sum of ₹2,00,00,000/-
(Rupees two crores) on or before 31.12.2024 from the amount
standing in the credit under the suspense account with the
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petitioner bank which is the land acquisition proceeds of the
mortgaged property. In this circumstance, the petitioner
preferred I.A.No.3/2024 to allow the petitioner bank to
appropriate the aforesaid amount of ₹2,00,00,000/- towards the
loan amount of the 4th respondent. The counsel for the 4 th
respondent submits that the 4th respondent has no objection in
allowing the petitioner bank to appropriate the said amount of
₹2,00,00,000/-. Hence, the petitioner is permitted to
appropriate the amount of ₹2,00,00,000/- in the account of the
4th respondent. The 4th respondent shall file an application to
deposit the balance amount in the fixed deposit. On receipt of
the said application, the petitioner bank shall deposit the balance
amount in the name of the 4th respondent in fixed deposit.
The writ petition is disposed of as above.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(C) 18163/2024
PETITIONER EXHIBITS
Exhibit P-1 COPY OF THE LETTER DATED 26.09.2012
CONFIRMING THE CREATION OF MORTGAGE AND
DEPOSIT OF TITLE DEED TOWARDS SECURITY
FOR THE FINANCIAL FACILITY AVAILED
Exhibit P-2 COPY OF THE SECTION 13(2) NOTICE DATED
17.09.2015 ISSUED BY THE PETITIONER
Exhibit P-3 COPY OF THE JUDGEMENT DATED 11.04.2024
IN W.P.(C ) NO.12191 OF 2018
Exhibit P-4 COPY OF THE I.A.NO.1792/2023 IN
O.A.NO.516/2019 FILED BY THE PETITIONER
BEFORE THE DRT-1, ERNAKULAM
Exhibit P-5 COPY OF THE PROCEEDINGS DATED
16.06.2023OF THE DRT-1, ERNAKULAM IN
Exhibit P-6 COPY OF THE REPRESENTATION DATED
03.05.2024 SENT BY THE PETITIONER TO THE
1ST RESPONDENT
Exhibit-P7 Copy of the order dated 12.09.2023 in
W.P.(C)No.21759/2023 obtained from the
website www.hckinfo.kerala.gov.in
Exhibit P8 COPY OF THE AWARD DATED 05.10.2024
PASSED BY THE LOK ADALAT IN DRT-1 IN OA
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RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the proposal statement
dated 27-09-2023 filed in Writ Petition
Exhibit R4(b) True copy of the order of this Hon'ble
Court in Writ Petition No.21759/2023
dated 26-10-2023
Exhibit R4(c) True copy of the affidavit dated 17-01-
2024 filed in Writ Petition
Exhibit R4(d) True copy of the order of this Hon'ble
Court in Writ Petition No.21759/2023
dated 17-01-2024 with cause title dated
1-12-2023
Exhibit R4(e) True copy of the order of this Hon'ble
Court in Writ Petition No.21759/2023
dated 07-02-2024
Exhibit R4(f) True copy of the order of this Hon'ble
Court in Writ Petition No.21759/2023
dated 13-03-2024
