Syamkumar S vs The Sale Officer
2024 Latest Caselaw 26635 Ker

Kerala High Court

Syamkumar S vs The Sale Officer on 5 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

W. P. (C) No. 31491 of 2024
                                     -1-

                                                  2024:KER:67361
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                         WP(C) NO. 31491 OF 2024

PETITIONER/S:

     1        SYAMKUMAR S
              AGED 38 YEARS
              GOURI SANKARAM, AMBALAMKUTTIMOOLA, VAVAKKAVU P.O,
              KOLLAM, PIN - 690520

     2        PRASEETHA S PRAKASH
              AGED 32 YEARS
              GOURI SANKARAM, AMBALAMKUTTIMOOLA, VAVVAKKAVU
              P.O, KOLLAM, PIN - 690520

              BY ADVS.
              NISHA MATHEW
              K.K.SETHUKUMAR
              SARITHA G.R.



RESPONDENT/S:

     1        THE SALE OFFICER
              INDIAN BANK, RAMANKULANGARA BRANCH, KAVANADU.P.O
              KOLLAM, PIN - 691003

     2        THE MANAGER
              INDIAN BANK, RAMANKULANGARA BRANCH, KAVANADU.P.O
              KOLLAM, PIN - 691003


OTHER PRESENT:

              SRI. BINOY VASUDEVAN-SC


       THIS    WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON    05.09.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 31491 of 2024
                                     -2-

                                                         2024:KER:67361
                              JUDGMENT

The present writ petition has been filed for the following

reliefs:-

"(i) To issue a writ of mandamus or such other writ, order or direction against the respondents from taking further action on Ext. P3 till the disposal of this Writ Petition;

(ii) To issue a writ of mandamus or such other writ, order or direction against the respondents to produce the statement of accounts regarding the entire loan transactions of the petitioners;

(iii) To issue a writ of mandamus or such other writ, order or direction to direct the respondent to consider Exhibits P4 & P6 representation and allow the petitioners to clear the entire dues and regularize the loan account."

2. This is the second writ petition filed by the petitioner

seeking similar reliefs. The earlier writ petition filed before this

Court, i.e. W. P. (C) No. 23616 of 2024, was dismissed on

23.08.2024, as the petitioner failed to comply with the interim

direction for payment of Rs. 3,00,000/-. In that case, a successive

writ petition for similar / identical prayers would not be

2024:KER:67361 maintainable.

Accordingly, the present writ petition is dismissed granting

liberty to the petitioner to take recourse to any other remedy as may

be available to him.

Sd/-

DINESH KUMAR SINGH JUDGE

Eb

2024:KER:67361 APPENDIX OF WP(C) 31491/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BANK STATEMENT

Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 07/06/2024 FOR THE AUCTION SALE OF THE PROPERTY

Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED 21/08/2024 ISSUED BY THE ADVOCATE COMMISSIONER

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 26/08/2024

Exhibit P4A TRUE TRANSLATION OF EXHIBIT-P4

Exhibit P5 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 29/08/2024

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 02/09/2024

Exhibit P6A TRUE TRANSLATION OF EXHIBIT-P6

Exhibit P7 TRUE COPY THE POSTAL RECEIPT DATED 02/09/2024