Kerala High Court
Abdul Nazer A.P vs The Authorized Officer on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 35279 OF 2024
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2024:KER:78913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 35279 OF 2024
PETITIONER:
ABDUL NAZER A.P
AGED 60 YEARS
S/O. MOIDEEN HAJI, ANAPPARA HOUSE, UNNIKKULAM P.O,
THAMARSSERI, KOZHIKODE DISTRICT, PIN - 676574
BY ADVS.
BHARATH MURALI
MANU NAIR G.
SIDHARTH MURALI
AJAY SANKAR
RESPONDENTS:
THE AUTHORIZED OFFICER
THE CALICUT CO- OPERATIVE URBAN BANK LTD. NO.1538, KALLAI
ROAD, KOZHIKODE, PIN - 673002
BY ADVS.
Devaprasanth P.J
SMINI JOSE(K/262/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35279 OF 2024
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JUDGMENT
Dated this the 22nd day of October, 2024
The present Writ Petition has been filed seeking the
following prayers:
i. To issue a writ of certiorari or other appropriate writ or
order quashing Ext. P5.
ii. Issue a writ of mandamus or other appropriate writ or
order directing the respondents to maintain the status
quo on the scheduled property till the disposal of AIR
(SA)590/2023 on the file of the Hon'ble Debt Recovery
Appellate Tribunal, Chennai.
iii. Grant such other reliefs as this Hon'ble Court may deem
just and proper in the interest of justice, including costs.
iv. To dispense the above writ petition with English
Translation of the Malayalam Documents.
2. This is the 3rd writ petition before this Court for the
same/similar cause of action. Earlier two writ petitions filed
by the petitioner being W.P.(C.) Nos.30844/203 &
9679/2024. The said writ petitions were disposed of by this
Court. However, the petitioner did not comply with the
directions issued by this Court.
3. The petitioner has come before this Court for the third
time. This Court granted indulgence to the petitioner vide
WP(C) NO. 35279 OF 2024
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interim order dated 08.10.2024, whereby it was directed
that subject to making deposit of Rs.25,00,000/--by the
petitioner on or before 20.10.2024, the petitioner should not
be dispossessed from the secured assets until the next date
of posting. The petitioner has not complied with the said
interim order. Therefore, this Court finds no justification to
keep this writ petition pending on the file of this Court.
Thus, the present writ petition is hereby dismissed,
leaving it open to the parties to work out their remedies in
accordance with law.
Sd/-
D. K.SINGH
JUDGE
AP
WP(C) NO. 35279 OF 2024
2024:KER:78913
APPENDIX OF WP(C) 35279/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED 31.03.2023
PASSED BY THE HON'BLE DEBT RECOVERY TRIBUNAL IN
S.A NO.178 OF 2018
Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 22.02.2024
Exhibit P3 THE TRUE COPY OF THE JUDGEMENT DATED 04.07.2024
IN W.P (C) NO. 9679 OF 2024 PASSED BY THE HON'BLE
HIGH COURT OF KERALA
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 17.09.2024
PASSED BY THE HON'BLE DEBT RECOVERY APPELLATE
TRIBUNAL
Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 30.09.2024
ISSUED BY THE ADVOCATE COMMISSIONER
