Latheef N.A vs The South Indian Bank
2024 Latest Caselaw 28167 Ker

Kerala High Court

Latheef N.A vs The South Indian Bank on 24 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                           2024:KER:70951


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                      WP(C) NO. 33343 OF 2024

PETITIONER/S:

             LATHEEF N.A.
             AGED 44 YEARS
             S/O ABDUL RAHIMAN , FATHIMA MANZIL NELLITHAVU,
             KUTTIKOLP.O., KASARGOD, PIN - 671541


             BY ADVS.
             M.R.REENA
             P.S.SUJETH




RESPONDENT/S:

             THE SOUTH INDIAN BANK
             PADUPPU BR ,KASARGOD DT REP BY ITS AUTHORISED
             OFFICER REGIONAL OFFICE KANNUR KVR TOWER, PAMBAN
             MADHAVAN ROAD TALAP ,KANNUR, PIN - 670002



             SRI. MOHAN JACOB GEORGE-SC


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    24.09.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2024:KER:70951

WP(C) NO. 33343 OF 2024

                                       2
                             JUDGMENT

The present writ petition has been filed with the

following prayers:-

"I. Issue a writ , order or direction in the nature of Mandamus or other appropriate writ directing the respondent not to proceed any further under Exhibit -P3 the Notice of the Advocate Commissioner dated 24-08-2023 including sale and other proceedings .

II. Issue a Writ , Order or Direction in the nature of Mandamus or other appropriate Writ directing the respondents to consider the Ext-P4 representation and Re possession may be ordered by paying the overdue amount in maximum equal monthly installments.

III. The petitioner is neither disputing nor contesting on merit , but he only needs the repossession of his residential building and for seeking installments for paying the amount . And IV.Issue other order or direction which this Hon'ble Court may deem fit and proper to grand in the circumstances of the case ."

2.This is the third round of litigation before this court.

Earlier, the petitioner has approached this court in W.P(C)

Nos. 30291 of 2023 and 11152 of 2024.

Successive writ petitions for same cause of action are

not maintainable. Therefore, the present writ petition is

dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:70951

WP(C) NO. 33343 OF 2024

APPENDIX OF WP(C) 33343/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BANK IN CMP NO.2754/2023 BEFORE THE HON'BLE CJMC KASARAGOD DATED 13-07-2023

EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE HON'BLE CJMC KASARAGOD IN CMP NO.2754/2023 DATED 08-08-2023

EXHIBIT P3 A TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 24-08-2023

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 30-07-2024 SENT BY THE PETITIONER