Kerala High Court
Mr.Sivakumar.G vs State Of Kerala on 20 February, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 11829 OF 2019
PETITIONER:
MR.SIVAKUMAR.G,AGED 57 YEARS,
S/O.LATE P.V.GOPINATHAN NAIR,AISWARYA,
THALAKODE.P.O,MULANTHURUTHY, ERNAKULAM-682314.
BY ADV C.B.SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY,REVENUE DEPARTMENT,
SECETARIAT,THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT,COLLECTORATE,
KAKKANNAD,ERNAKULAM,PIN-682030.
3 THE THAHASILDAR,
KANAYANNUR TALUK,TALUK OFFICE, ERNAKULAM-682011.
4 SRI.SAJEEVAN,
THE VILLAGE OFFICER,KANAYANNUR VILLAGE,VILLAGE
OFFICE,ERNAKULAM-682312.
5 JM FINANCIAL ASSET RECONSTRUCTION COMPANY PVT LTD
7TH FLOOR , CNERGY, APPASAHEB MARATHA MARG,
PRABHADEVI, MUMBAI
ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
11.02.2025 IN IA.No.1/2025 IN WP(C)No.11829/2019
WP(C) NO. 11829 OF 2019 2
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BY ADVS.
SRI.MOHAMMED ANZAR K.J.,
SPL.G.P. FOR REVENUE
SRI.JOSE P.JOSEPH
OTHER PRESENT:
SRI.MADHU RADHAKRISHNAN,ADDL.R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The petitioner has filed the captioned writ petition stating
that some of his properties are proposed to be taken possession
of, quite illegally with reference to the powers available under the
provisions of Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 and in such
circumstances, he has submitted Ext.P1 representation to the
Tahasildar, Kanayannur Taluk, complaining about the misconduct
of the Village Officer concerned and requesting approriate action
be taken against the Village Officer. The prayer made in the writ
petition is only for directions to the Tahasildar to consider and
pass orders on Ext.P1 filed by the Petitioner.
2. This Court by a judgment dated 16.08.2019, at the
stage of admission itself, originally disposed of the writ petition,
directing the Tahasildar to consider and pass orders on Ext.P1 in
accordance with law.
3. Subsequently, R.P.No. 1196 of 2019 is filed by the 3rd
party with leave, essentially pointing out that the entire
proceedings leading to the taking over possession of the property
as complained by the writ petitioner was with reference to some
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advances taken by a company, in which the petitioner in the writ
petition was a Managing Director. The review petitioner produced
orders passed by the CJM, Ernakulam, in various claims filed by
the company which took the advances pointing out the very same
grievance with respect to the identity of the property concerned,
which was proposed to be taken possession of. Taking note of all
the above, by a judgment dated 02.03.2021, this Court recalled
the judgment dated 16.08.2019, restoring the writ petition to the
files of this Court.
4. It is in the afore circumstances that the captioned
writ petition is posted before me for hearing.
5. I heard learned counsel for the petitioner,
Sri.E.G.Gorden, the learned Senior Government Pleader for
respondent Nos.1 to 3 and Sri.Madhu Radhakrishnan, the learned
counsel for the additional 5th respondent (review petitioner), who
has been subsequently impleaded.
6. This Court notices that the prayers in the writ
petition, would rather appear very simple. However, the
petitioner has approached this Court not with clean hands.
The petitioner was the 3rd petitioner in CMP.Nos.1557 of 2017,
2798 of 2017 before the CJM, Ernakulam, which has been
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disposed of by the order dated 06.10.2017, produced as
Annexure-5 in the review petition. In the said order, the
contention raised by the petitioner herein, who was the petitioner
before the CJM has been specifically taken note of in paragraph
no.2 of the order. Ultimately, the directions are issued to the
Advocate Commissioner to proceed with the dispossession of the
property, permitting the petitioner herein in to show the title deed
of the property in question, so as to sustain the contention with
respect to the mistake in the property as contended by the
petitioner. However, it is further seen that as per Annexure A6,
the Village Officer has also identified the property on the basis of
which on 25.04.2018, Annexure-7 order has been issued by the
CJM, Ernakulam, rejecting the prayers made in the petition,
noticing that the petitioner herein was not successful in pointing
out and establishing that the property which has been already
taken possession of was not the actual property which ought to
have been proceeded against.
7. This Court notices that the findings contained in Annexure
A7 order of the CJM, Ernakulam has become final and the
petitioner in the writ petition has no contra case also.
8. In any view of the matter, I am of the opinion that the
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petitioner having suppressed all the afore aspects, is not entitled
to any orders in this writ petition.
9. Though, Sri.Madhu Radhakrishnan, the learned counsel
for the additional 5th respondent would rely on the subsequent
events like the actual taking over of possession, subsequent
preparation of the orders by the Tahasildar pursuant to the
original disposal of this writ petition etc., this Court is not going to
the afore details.
10. Insofar as the petitioner has suppressed many aspects
in filing this writ petition as already noticed, I am of the opinion
this writ petition requires to be dismissed with exemplary cost.
In such circumstances, this writ petition would stand
dismissed, with a cost of Rs.35,000/- to be paid by the petitioner
to the Kerala Legal Service Authority, within three weeks from
today.
Sd/-
HARISANKAR V. MENON
JUDGE
ANS
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APPENDIX OF WP(C) 11829/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 31.03.2018
EXHIBIT P2 TRUE COPY OF THE MEMO OF THE 3RD RESPONDENT
NO E2 7917/18 DATED 03.07.2018.
EXHIBIT P3 TRUE COPY OF THE MEMO OF THE 3RD RESPONDENT
NO. E2 7917/18 DATED 23.07.2018.
EXHIBIT P4 TRUE COPY OF THE LETTER NO E2 7917/18 OF THE
3RD RESPONDENT DATED 25.01.2019.
EXHIBIT P5 TRUE COPY OF THE INTERIM REPORT OF THE
ADOVOCATE COMMISSIONER DATED 08/08/2017.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER'S SON DATED 17/10/2019.
EXHIBIT P7 TRUE COPY OF THE REPLY GIVEN BY THE VILLAGE
OFFICER DATED 27/10/2017.
EXHIBIT P8 TRUE COPY OF THE FINAL REPORT OF THE ADVOCATE
COMMISSIONER DATED 10/04/2018.
EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT DATED
18/08/2016.
EXHIBIT P10 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
04/07/2018.
Exhibit P11 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
DATED 24/10/2019
Exhibit P12 TRUE COPY OF ORDER OF THIS HON'BLE COURT IN
R.P.NO.1196/2019 IN W.P.(C) NO. 11829 OF 2019
ON 02/03/2021
Exhibit P13 TRUE COPY OF THE ACKNOWLEDGEMENT LETTER SEND
BY THE PETITIONER TO THE CHIEF MANAGER
FEDERAL BANK WITH REFERENCE TO THE SALE DEED
NO 935/2006 DATED 22/04/2006 ALONG WITH
LEGIBLE TYPED COPY
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Exhibit P14 TRUE COPY OF THE ACKNOWLEDGEMENT LETTER SEND
BY THE PETITIONER TO THE CHIEF MANAGER
FEDERAL BANK WITH REFERENCE TO THE SALE DEED
NO 1655/06 DATED 24/09/2008 ALONG WITH
LEGIBLE TYPED COPY
Exhibit P15 THE TRUE COPY OF THE WITHDRAWAL PETITION IN
MC 93/2019 BEFORE HON'BLE ACJM, ERNAKULAM
DATED 02/09/2022
Exhibit P16 THE TRUE COPY OF THE ORDER IN MC 93/2019
HON'BLE ACJM, ERNAKULAM DATED 02/09/2022
