Kerala High Court
Dr. Sanoj Thaha Sobitha vs Union Of India on 21 August, 2025
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W.P.(C) No. 15320 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 15320 OF 2025
PETITIONER:
DR. SANOJ THAHA SOBITHA,
AGED 37 YEARS,
S/O. EDINJAVILA MOHAMMED THAHA (LATE)
POORAM HOUSE, THACHOTTUKAVU, PEYAD P.O.,
THIRUVANANTHAPURAM, PIN-695573
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
SMT.SREERAJA V.
SMT.LAXMI PRIYAA N.P.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE GOVERNMENT OF INDIA,
NEW DELHI, PIN-110001
2 STATE BANK OF INDIA,
VELLAYAMBALAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF MANAGER, PIN-695010
3 STATE BANK OF INDIA,
STRESSED ASSETS RECOVERY BRANCH (SARB)
VELLAYAMBALAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF MANAGER,
PIN-695010
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W.P.(C) No. 15320 of 2025
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BY ADVS.
SMT.M.R.ANUPAMA, CGC
SHRI.TOM K.THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No. 15320 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 15320 of 2025
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Dated this the 21st day of August, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
(i) issue a writ of mandamus or such other writ or
order or direction to direct respondents 2 & 3 to
provide the petitioner all the details regarding the
loan alleged to have been taken by the father of the
petitioner namely Edinjavila Mohammed Thaha by
pledging the property of the petitioner in respect of
the property having an extent of 38.5 cents situated in
Survey No.3571/1 and 3572/10, 9-1 of Kowdiar village
and also the entire details regarding the loan
transactions as well as the procedures initiated
against the deceased father of the petitioner and his
property as part of the recovery of loan.
(ii) issue a writ of mandamus or such other writ or
order or direction to direct respondents 2 and 3 to
provide the petitioner an opportunity to settle the
dues if any in respect of the loan alleged to have been
taken by the father of the petitioner and reclaim the
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property having an extent of 38.5 cents situated in
Survey No.3571/1 and 3572/10, 9-1 of Kowdiar village.
(iii) Petitioner also prays that this Hon'ble Court may
be pleased to dispense with the translation of the
vernacular documents produced in the vernacular
language.
2. The petitioner contends that the sale of the property
that belonged to his deceased father was conducted by the Bank
without issuing notice to the co-borrower, his mother. It is also
submitted that the property was sold and purchased by the bank at
auction. The petitioner also relies on the provisions of Section 9 of
the Banking Regulation Act and Section 13 (5A) and (5C) of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act. The petitioner further
contends that his mother was detained in jail in the Gulf and,
therefore, no document, much less a power of attorney, could have
been created, and therefore, the entire proceedings leading to the
sale are vitiated.
3. A statement has been filed on behalf of the respondent
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Bank contending that the original borrower challenged the actions
of the bank, in multiple writ petitions, all of which were dismissed
and that the sale took place on 08.02.2017. It is pointed out that the
said sale was challenged in a Securitisation Application, which was
also dismissed.
4. The learned counsel for the petitioner submits that
since the sale in the instant case is a nullity, this Court can interfere
under Article 226 of the Constitution of India.
5. After hearing the learned counsel for the petitioner and
the learned counsel for the respondent Bank, and taking note of the
contentions raised by the petitioner, which involve adjudication of
disputed questions of fact and law, I am not inclined to exercise my
jurisdiction under Article 226 of the Constitution of India. However,
if the petitioner is aggrieved by the measures of the secured
creditor, it will be open to the petitioner to approach the Debts
Recovery Tribunal, invoking Section 17 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, as the petitioner claims to be a person aggrieved.
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6. Leaving open all the contentions of the petitioner raised
in the writ petition and the Interlocutory Applications and that of
the respondent Bank, and without prejudice to the right of the
petitioner to avail of the alternate remedy in accordance with law,
this Writ petition is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 15320/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE SALE DEED NO.3074/2010
DATED 12.10.2010
Exhibit P-2 TRUE COPY OF THE FIR NO.1710/2024 OF
NEDUMANGAD POLICE STATION DATED
31.12.2024
Exhibit P-3 TRUE COPY OF THE DEATH REPORT OF THE
FATHER OF THE PETITIONER DATED
31.12.2024
Exhibit P-4 TRUE COPY OF THE PAPER REPORT IN
MALAYALA MANORAMA DAILY DATED 11.01.2025
Exhibit P-5 TRUE COPY OF THE DEATH CERTIFICATE OF
THE FATHER OF THE PETITIONER DATED
25.01.2025
Exhibit P-6 TRUE COPY OF THE PHOTOGRAPH OF THE SIGN
BOARD PUT UP BY THE BANK DATED NIL
Exhibit P-7 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE MOTHER OF THE PETITIONER DATED
10.02.2025
Exhibit P-8 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 3RD RESPONDENT
DATED 14.03.2025
Exhibit P-9 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER UNDER RTI DATED
06.04.2025
Exhibit P-11 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE BANK DATED 10.06.2015
Exhibit P-10 TRUE COPY OF THE LOAN SANCTIONING LETTER
DATED 12.10.2010
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Exhibit P-12 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE BANK DATED 15.02.2018
Exhibit P-13 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE MOTHER OF THE PETITIONER
DATED NIL
RESPONDENTS' EXHIBITS
Exhibit R2(a) TRUE COPY OF THE FINAL ORDER IN SA NO.79
OF 2017 DATED 26.08.2017 OF HONBLE DEBTS
RECOVERY TRIBUNAL 2 ERNAKULAM
