Muhammed Bilal vs The Authorized Officer,Catholyc ...
2024 Latest Caselaw 30078 Ker

Citation : 2024 Latest Caselaw 30078 Ker
Judgement Date : 24 October, 2024

Kerala High Court

Muhammed Bilal vs The Authorized Officer,Catholyc ... on 24 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 36902 OF 2024




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                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                 THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                                    WP(C) NO. 36902 OF 2024


PETITIONER/S:

                MUHAMMED BILAL, AGED 22 YEARS
                S/O. ASHRAFF, KATTUNGAL HOUSE, CHOWARA FERY, THOTTUMUGHAM, ALUVA, PIN -
                683105


                BY ADV LIZA P. CHERIAN


RESPONDENT/S:

       1        THE AUTHORIZED OFFICER, CATHOLIC SYRIAN BANK, ASSET RECOVERY BRANCH,
                CHITTOOR ROAD, VALANJAMABALAM, ERNAKULAM, PIN - 682016

       2        JOSEPH ALIAS BABU, S/O JACOB, THARAYIL HOUSE, ANNALUR, CHALAKUDY,THRISSUR
                DISTRICT, PIN - 680307



OTHER PRESENT:

                SRI.MADHU RADHAKRISHNAN-SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36902 OF 2024




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                                   JUDGMENT

This is the fourth writ petition before this Court by the petitioner.

2. The petitioner participated in the auction proceedings of the

secured asset conducted by the respondent Bank to realize its dues and

is said to have paid 25% of the auction amount, which was Rs.53 lakhs of

the secured asset. The petitioner thereafter did not make the payment

as per the terms of the auction proceedings. Therefore, the Bank has

forfeited the 25% paid by the petitioner initially.

3. The petitioner filed W.P.(C) No.12253/2024. While disposing

of the writ petition, this Court permitted the petitioner to pay the

balance amount within three months from the date of the sale. Despite

this indulgence granted by this Court, the petitioner failed to pay the

balance amount in three months.

4. Thereafter, the petitioner approached this Court again by

filing W.P.(C) No.19324/2024, whereby the Advocate Commissioner WP(C) NO. 36902 OF 2024

2024:KER:79196

issued notice to take possession of the secured asset and directed the

petitioner to vacate it. The Bank again put the property for auction on

05.06.2024.

4.1 This Court dismissed the writ petition as not maintainable

relying on the judgment in Federal Bank Limited v. Sagar Thomas1. It

was also noted that the respondent Bank does not fall under the category

of State and is a private Bank. Therefore, if the petitioner has any

grievance may take recourse to the appropriate civil law remedy.

5. The petitioner did not stop there, and again, the petitioner

filed W.P.(C) No.29245/2024 with the following prayers:

"A. Issue writ of mandamus to direct the respondent to release all essential materials from the residential house located in 2. 46 Ares of land bearing Re Sy No 28/124 along with a residential house situated at Thottumugham Kuttaamssery, Aluva.

B. And issue any other appropriate writ direction or order as this Hon'ble Court deems fit and proper to meet the end of justice."

5.1 This Court considering the prayer made by the petitioner that

(2003) 10 SCC 733 WP(C) NO. 36902 OF 2024

2024:KER:79196

the petitioner wants to take out his personal belongings, disposed of the

said writ petition with direction to the Inspector of Police/SHO, Aluva

East Police Station to send two Police personnel with the petitioner on

21.08.2024 at 10.00 am to Kattungal House, Chowara Ferry,

Thottumugham, Aluva to take away the educational testimonials and

study materials. Thereafter, he should be ousted immediately from the

house.

6. Now the petitioner has come again before this Court with the

following prayers:

"1) Issue writ of mandamus to direct the respondent to refund the amount of RS 18.30 Lakhs paid by the petitioner dated 25.1.2024 in the SARFAESI auction of the residential house located in 2. 46 Ares of land bearing Re Sy No 28/124 along with a residential house situated at Thottumugham, Kuttaamssery, Aluva as per Exhibit P1.