Kerala High Court
Jahangeer P.K vs Abdul Gafoor Moinudheen on 23 October, 2024
2024:KER:79032
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
RP NO. 911 OF 2024
AGAINST THE JUDGMENT DATED 07.03.2024 IN WP(C) NO.8396 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
JAHANGEER P.K
AGED 53 YEARS
S/O AHEMADKUTTY HAJI, THEKKENCHERY HOUSE, PALUVAI P.O,
CHAVAKKAD TALUK, THRISSUR, PIN - 680507
BY ADVS.
SABU GEORGE
P.B.KRISHNAN (SR.)
P.B.SUBRAMANYAN
MANU VYASAN PETER
CHITRA JOHNSON
RESPONDENTS:
1 ABDUL GAFOOR MOINUDHEEN
AGED 36 YEARS
S/O. A.T. MOINUDHEEN, RESIDING AT KARAYIL HOUSE,
PALAMKADAVU, ORUMANAYUR P.O., THRISSUR - 680512, REP.
BY POWER OF ATTORNEY HOLDER, HIS FATHER MOINUDHEEN.A.T,
AGED 73 YEARS, S/O ATHAKUTTY, RESIDING AT KARAYIL
HOUSE, PALAMKADAVU, ORUMANAYUR P.O., THRISSUR, PIN -
680512
2 STATE OF KERALA
REP BY THE SECRETARY MINISTRY OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE TAHSILDAR
RP No. 911 of 2024 :2:
2024:KER:79032
TALUK OFFICE, THRISSUR, PIN - 680022
4 THE VILLAGE OFFICER
VILLAGE OFFICE, THRISSUR, PIN - 680020
5 THE SOUTH INDIAN BANK LTD
PLATINUM JUBILI BUILDING, CIVIL LANE ROAD,
AYYANTHOLE, THRISSUR DISTRICT, REPRESENTED BY THE
AUTHORIZED OFFICER AND CHIEF MANAGER, PIN - 680003
BY ADVS.
Dinesh Mathew J Murikan
Sunil Shankar A
K.A.ABHILASH(K/123/2008)
VINOD S. PILLAI(K/631/2012)
MOHAMMED THAYIB N.M.(K/1451/2019)
RIA VARGHESE(K/1367/2023)
NAYANA VARGHESE(K/283/2021)
AHAMMAD SACHIN K.(K/001814/2019)
JERRY PETER(K/3088/2023)
VIDYA GANGADHARAN(K/000424/2020)
JERIN GEORGE(K/863/2023)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No. 911 of 2024 :3:
2024:KER:79032
VIJU ABRAHAM , J.
===========================
RP No. 911 of 2024
============================
Dated this the 23rd day of October, 2024
JUDGMENT
Above review petition has been filed seeking review of the
judgment dated 07.03.2024 in WP(C) No.8396 of 2024.
2. One of the reasons stated for seeking review is that the
above writ petition is filed without impleading them as a party in the
writ petition. The learned Counsel for the review petitioner would
submit that the property in question was sold by the Bank to the writ
petitioner in the SARFAESI proceedings, and challenging the
proceedings review petitioner has filed SA No.373 of 2022 before the
Debt Recovery Tribunal-II, Ernakulam, and the same is pending
consideration. The review petitioner would further submit that
pursuant to the direction issued by this Court in WP(C) No.8396 of
2024, Ext.P3 request submitted by the review petitioner was
considered and tax was also accepted. The learned Counsel for the
review petitioner submitted that this would seriously affect his
contentions in the S.A.
2024:KER:79032
3. I have heard the learned Counsel for the review
petitioner, the learned Counsel appearing for the 1 st respondent who
is the writ petitioner and also the learned Government Pleader.
Taking into consideration the above facts and circumstances, I
am inclined to review the judgment dated 07.03.2024 to the effect
that whatever decision taken on Ext.P3 pursuant to the direction
issued by this Court on 07.03.2024 will be subject to the final
decision in SA No.373 of 2022 pending before the Debt Recovery
Tribunal-II, Ernakulam.
With the above said direction the review petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:79032
PETITIONER ANNEXURES
Annexure-A TRUE COPY OF THE PROCEEDINGS IN S.A 373 OF
2022 BEFORE THE DRT II, ERNAKULAM ON 09-
02-2024 OBTAINED FROM THE WEBSITE OF THE
DRT
Annexure-B TRUE COPY OF THE PROCEEDINGS IN S.A 373 OF
2022 BEFORE THE DRT II, ERNAKULAM ON 15-
02-2024 OBTAINED FROM THE WEBSITE OF THE
DRT
Annexure-C TRUE COPY OF THE PROCEEDINGS IN S.A 373 OF
2022 BEFORE THE DRT II, ERNAKULAM ON 03-
04-2024 OBTAINED FROM THE WEBSITE OF THE
DRT
