Kerala High Court
Jayakumar M vs State Of Kerala on 1 August, 2025
WP(C) NO. 13724 OF 2025
1
2025:KER:57490
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 13724 OF 2025
PETITIONER:
JAYAKUMAR M.,
AGED 45 YEARS
S/O. MANIYAN, 'JAYABHAVAN', KAVUMMOOLA,
KEEZHAVOOR, MANNAMKONAM P.,
THIRUVANANTHAPURAM, PIN - 695125
BY ADV SMT.KEERTHI SOLOMON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF FINANCE, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE MANAGER,
CENTRAL BANK OF INDIA, PALIYODU BRANCH,
PERUNKITAVILA, THIRUVANANTHAPURAM, PIN - 695124
3 THE RECOVERY OFFICER,
OFFICE OF THE RECOVERY OFFICER,
2ND FLOOR, KHB BUILDING,
DEBTS RECOVERY TRIBUNAL,
PANAMPILLY NAGAR,
THIRUVANANTHAPURAM, PIN - 682036
OTHER PRESENT:
SRI. K.M ANEESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13724 OF 2025
2
2025:KER:57490
JUDGMENT
This writ petition is filed with the following prayers;
" i. Issue a writ, order or direction in the nature of Mandamus,
or such other writ, order or direction, directing the respondents 2 & 3 to
refrain from selling the mortgaged property of the Petitioner ie, 9 cents of
land and residential building in Survey No.80/05/01in Block No.2 of
Vellarada Village,Neyyatinkara Taluk at Thiruvananthapuram District, as
per Exhibit P9 Notice.
ii. Issue a writ, order or direction in the nature of Mandamus,
or such other writ, order or direction, directing the 2nd respondent to
take steps to release the title deeds of the Petitioner and also to close the
case before the Honourable DRT, Ernakulam by submitting the details of
OTS settlement within the time limit as fixed by this honourable court.
iii. Such other reliefs as this Hon'ble Court may deem fit and
proper in the circumstances of the case.
iv. To dispense with the filing of English translation of
vernacular documents.
2. The petitioner contends that under Ext.P1 dated 18.05.2019, the
petitioner was offered a one-time settlement facility for Rs.5,80,000/-
(Rupees five lakhs eighty thousand only) and that the amount was paid, and
Ext.P3 was issued by the bank on 30.03.2023 certifying the receipt of
Rs.4,00,000/-, and further stating that the title deeds would be released after
getting approval from the head office completing the court formalities. The
petitioner contends that despite the above commitment, the bank is
proceeding with recovery.
3. A statement has been filed on behalf of the 2 nd respondent bank
WP(C) NO. 13724 OF 2025
2025:KER:57490
contending that the petitioner failed to avail the benefits of OTS, and the
same led to recovery actions before the Debts Recovery Tribunal,
Ernakulam, under the provisions of the Recovery of Debts and Bankruptcy
Act, 1993 (for short 'RDB Act')
4. Though the issuance of Ext.P3 is not disputed by the bank, they
contend that the amount mentioned therein was not sufficient to cover the
liability, even as per the OTS facility granted. It is also pointed out that
though an auction was attempted, the same could not be materialised for
want of bidders.
5. The petitioner has an effective alternative remedy against any
action of the recovery officer before the Debts Recovery Tribunal. Without
prejudice to the right of the petitioner to avail of the same, and without
prejudice to his contention that the loan account was settled in full as seen
from Ext.P3, the writ petition is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 13724 OF 2025
2025:KER:57490
APPENDIX OF WP(C) 13724/2025
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED NIL
EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 26.07.2019
EXHIBIT P2(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 29.11.2019
EXHIBIT P2(B) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 02.12.2019
EXHIBIT P2(C) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 31.12.2019
EXHIBIT P2(D) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 25.03.2020
EXHIBIT P2(E) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 30.07.2020
EXHIBIT P2(F) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 31.12.2020
EXHIBIT P2(G) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 30.03.2021
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 30.03.2022
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SENT BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
16.01.2023
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SENT BY THE
PETITIONER TO THE HONOURABLE BANKING
OMBUDSMAN, TRIVANDRUM DATED 30.11.2023
EXHIBIT P6 TRUE COPY OF THE REQUEST SENT BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
01.01.2024
EXHIBIT P7 TRUE COPY OF THE REQUEST SENT BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
17.07.2024
EXHIBIT P8 A TRUE COPY OF THE LETTER NO. RBI/ CMS/
N202324023446649/ 2023-24 SENT BY THE
CENTRALISED RECEIPT AND PROCESSING CENTRE
DATED 19.12.2023
EXHIBIT P9 A TRUE COPY OF THE PROCLAMATION OF SALE
NOTICE E-SALE NO. 10/2025 SENT BY THE 3RD
RESPONDENT DATED 31.01.2025
// True Copy // PA To Judge
