Kerala High Court
Tomy Devasia vs The Kerala State Co-Operative Bank on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33939 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 33939 OF 2024
PETITIONERS:
1 TOMY DEVASIA
AGED 50 YEARS
ELAPUNGAL HOUSE THRIKODITHANAM CHANGANACHERRY KOTTAYAM,
PIN - 686105
2 P. P. RIYAZ
AGED 52 YEARS
PUTHUPARAMBIL NEAR PUTHOORPALLY CHANGANACHERRY
KOTTAYAM, PIN - 686101
3 SHANAVAS P. S.
AGED 49 YEARS
ALIYA MANZIL PUTHUPARAMBIL NEAR PUTHOORPALLY
CHANGANACHERRY KOTTAYAM, PIN - 686101
4 SHYLAJA SHANAVAZ
AGED 44 YEARS
ALIYA MANZIL PUTHUPARAMBIL NEAR PUTHOORPALLY
CHANGANACHERRY KOTTAYAM, PIN - 686101
5 SAINUDHEEN
AGED 54 YEARS
OVUNGAL CHAKKUMKULATH VK PADI, TIRURANGADI MAMPURAM,
MALAPPURAM KERALA, PIN - 676306
6 CHOKAR K
AGED 58 YEARS
SAMKARAMKOIL PERUMKOTTOR THENKASHI TAMIL NADU, PIN -
62781
7 MUHAMMEDALI K.M.
AGED 47 YEARS
MADATHILPARAMPIL CHANGANACHERRY VAZHAPALLY EAST
KOTTAYAM, PIN - 686101
8 SAIBUDEEN A
AGED 55 YEARS
WP(C) NO. 33939 OF 2024
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PALLIVEEDU PERUNNA CHANGANACHERRY KOTTAYAM, PIN -
686102
BY ADVS.
HARISH ABRAHAM
JOSEPH ABRAHAM (KOTTAYAM)
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK
VILAVINAL RAJ TOWERS, PATHANAMTHITTA, KERALA
REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 689645
2 KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK)
HEAD OFFICE, COBANK TOWERS, P.B.NO.6515, VIKASBHAVAN
P.O, PALAYAM, THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM DISTRICT, KERALA STATE REPRESENTED
BY IT MANAGER, PIN - 695033
3 THOMAS JOSEPH
NEDIYAKALAPARAMBIL, CHANGANACHERRY KOTTAYAM, PIN -
686101
BY ADV K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33939 OF 2024
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JUDGMENT
Dated this the 30th day of September, 2024
The petitioners claim to be tenants of the 3 rd
respondent who has obtained loans from the respondent
bank by pledging the property having an extent of 8.17
Ares and 2.02 Ares comprised in Old.Sy.Nos.318/9 and
320/1, Re.Sy.Nos.8/310 and 8/51 of Vazhappilly East
Village, Changanacherry Taluk, Kottayam District.The 3rd
respondent has defaulted in making repayment of the loan
taken from the respondent bank. Therefore, the respondent
bank after classifying the 3 rd respondent's loan account as
NPA, has proceeded further under the provisions of the
SARFAESI Act and Rules made thereunder.
2. The Advocate Commissioner has issued notice in
Exts.P23 to P29 to take possession of the secured asset.
Except for an unregistered agreement, nothing has placed
on record to show the petitioners' claim that they are the
bonafide tenants of the 3rd respondent.
3. Be that as it may, this Court would not like to enter
into the civil dispute between the petitioners and the 3 rd
respondent or the bank. It is for the petitioners to agitate
WP(C) NO. 33939 OF 2024
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their rights, if any, before the appropriate forum or the
Court. However, the public law remedy would not be
available for the petitioners in case of dispute between the
bank or the 3rd respondent.
In view thereof, I am of the considered view that, this
writ petition is not maintainable, which is hereby
dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 33939 OF 2024
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APPENDIX OF WP(C) 33939/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
DATED 01.02.1982 OF THE 1ST PETITIONER FOR
SHOP ROOM NO.13-391
Exhibit P2 TRUE COPY OF THE RENT RECEIPT DATED
31.08.2024 ISSUED TO THE 1ST PETITIONER FOR
THE RENT AMOUNT OF RS.15,000/-
Exhibit P3 TRUE COPY OF THE CERTIFICATE OF IFTF & OS
LICENSE ISSUED TO THE 1ST RESPONDENT AND
VALID TILL 31.03.2025
Exhibit P4 TRUE COPY OF THE ORDER DATED 01.07.2024 IN
Exhibit P5 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
DATED 20.09.1995
Exhibit P6 TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENSE VALID TILL 31.03.2025 ISSUED TO THE
2ND PETITIONER
Exhibit P7 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
DATED 27.01.2007 ENTERED INTO BY THE 3RD
PETITIONER
Exhibit P8 THE TRUE COPY OF THE UNREGISTERED LEASE
AGREEMENT DATED 30.11.2015 ENTERED INTO BY
THE 4TH PETITIONER
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENSE VALID TILL 31.03.2025 ISSUED TO SHOP
ROOM NOS. 13-390 AND 13-388
Exhibit P10 TRUE COPY OF THE RENT RECEIPT ISSUED TO 3RD
AND 4TH PETITIONER DATED 30.09.2024 FOR SHOP
ROOM NOS. 13-390 AND 13-388
Exhibit P11 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
DATED 02.02.2015 ISSUED TO THE 5TH PETITIONER
Exhibit P12 TRUE COPY OF THE RENEWED UNREGISTERED LEASE
AGREEMENT DATED 20.06.2017 ENTERED INTO BY
THE 5TH PETITIONER
WP(C) NO. 33939 OF 2024
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Exhibit P13 TRUE COPY OF THE RENEWED UNREGISTERED LEASE
AGREEMENT DATED 01.06.2023 ENTERED INTO BY
THE 5TH PETITIONER
Exhibit P14 TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENSE ISSUED TO THE 5TH RESPONDENT FOR SHOP
ROOM NOS. 13-384 AND 13-383 VALID TILL
31.03.2029
Exhibit P15 - TRUE COPY OF THE RENT RECEIPT DATED
31.08.2024 ISSUED TO THE 5TH PETITIONER FOR
RS. 20000/-
Exhibit P16 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
FOR SHOP ROOM NO.13/393 DATED 01.11.2022
ENTERED INTO BY THE 6TH PETITIONER
Exhibit P17 - TRUE COPY OF THE RENT RECEIPT DATED
31.08.2024 FOR THE AMOUNT OF RS.20,000/-
ISSUED TO THE 6TH PETITIONER
Exhibit P18 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
FOR SHOP ROOM NO.13/386 DATED 01.04.2023
ENTERED INTO BY THE 7TH PETITIONER
Exhibit P19 TRUE COPY OF THE RENT RECEIPT DATED
31.08.2024 FOR THE AMOUNT OF RS.20,000/-
ISSUED TO THE 7TH PETITIONER
Exhibit P20 - TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENSE VALID TILL 09.07.2025 ISSUED TO THE
7TH RESPONDENT IN SHOP ROOM NO.13-386
Exhibit P21 TRUE COPY OF THE UNREGISTERED LEASE AGREEMENT
FOR SHOP ROOM NO.13-374 DATED 03.04.2024
ENTERED INTO BY THE 8TH PETITIONER
Exhibit P22 TRUE COPY OF THE NOC DATED 04.04.2024 ISSUED
TO THE 8TH PETITIONER BY THE 3RD RESPONDENT
LANDLORD
Exhibit P23 - TRUE COPY OF THE ADVOCATE COMMISSIONER
NOTICE DATED 20.09.2024 IN MC. NO.137/2024 OF
THE HON'BLE CHIEF JUDICIAL MAGISTRATE,
KOTTAYAM ISSUED TO THE 1ST PETITIONER
Exhibit P24 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
WP(C) NO. 33939 OF 2024
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DATED 20.09.2024 IN MC. NO.137/2024 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
ISSUED TO THE 2ND PETITIONER
Exhibit P25 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 20.09.2024 IN MC. NO.137/2024 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
ISSUED TO THE 3RD AND 4TH PETITIONERS
Exhibit P26 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 20.09.2024 IN MC. NO.137/2024 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
ISSUED TO THE 5TH PETITIONER
Exhibit P27 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 20.09.2024 IN MC. NO.137/2024 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
ISSUED TO THE 6TH PETITIONER
Exhibit P28 - TRUE COPY OF THE ADVOCATE COMMISSIONER
NOTICE DATED 20.09.2024 IN MC. NO.137/2024 OF
THE HON'BLE CHIEF JUDICIAL MAGISTRATE,
KOTTAYAM ISSUED TO THE 7TH PETITIONER.
Exhibit P29 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 20.09.2024 IN MC. NO.137/2024 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
ISSUED TO THE 8TH PETITIONER
