Kerala High Court
Suma Sandhya G vs P N B Housing Finance Ltd on 8 October, 2025
2025:KER:74420
WP(C) NO.13005 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
WP(C) NO. 13005 OF 2025
PETITIONER/S:
SUMA SANDHYA G.,
AGED 36 YEARS
D/O. SREEKANTAN NAIR, ASWATHY, T.C.17/1989/8, CRA
45 PALACE VIEW ROAD, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
BY ADVS.
SHRI.V.K.PEERMOHAMED KHAN
SHRI.GIRISH KUMAR V.C
RESPONDENT/S:
1 P N B HOUSING FINANCE LTD.,
REPRESENTED BY ITS AUTHORISED OFFICER, 48/559 C,
1ST FLOOR, R P RCADE, NEAR GOLD SOUK MALL,
VYTTILA, ERNAKULAM, PIN - 682019
2 RAMESH KUMAR B.,
S/O. BALAKRISHNA PILLAI, SREEKRISHNALAYAM,
THAIPARAMBIL LANE, PERUMBOTTA ROAD, ELAMAKKARA,
ERNAKULAM, PIN - 682026
3 FAISAL C.H.,
CHAMPARAMBIL HOUSE, XVIII/313, VADAKODE P O,
KANGARAPADY, THRIKKAKKARA NORTH, ERNAKULAM, PIN -
682021
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WP(C) NO.13005 OF 2025
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BY ADVS.
SHRI.MADHU RADHAKRISHNAN
SHRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
SHRI.JESWIN JACOB
SRI. SANTHEEP ANKARATH, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The writ petition is filed with the following prayers;
"1. Issue a writ of mandamus or any other
writ, direction or order directing the 1st
respondent to pay an amount of
Rs.22,30,000/- covered by Ext-P.2 attachment
order to the petitioner or to deposit the
amount before the family Court,
Thiruvananthapuram out of the sale
proceeds from the sale of the property of the
2nd respondent conducted under the
SARFAESI Act by the 1st respondent bank.
2. Grant such other and further reliefs as
this Honorable Court may deem fit and
proper in the circumstances of the case
including costs."
2. A statement has been filed on behalf of the Bank, which reads as
follows;
"3. The petitioner herein has filed the present
writ petition seeking a direction to the
respondent No.1 to pay an amount of Rs.
22,30,000/- out of the sale proceeds of the
property of the 2nd respondent. It is
submitted that the 2nd respondent has
availed credit facility from the lst
respondent. Further on account of the default,
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WP(C) NO.13005 OF 2025
the lst respondent initiated recovery
measures under the SARFAESI Act 2002. The
property of the 2nd respondent was put for
auction on multiple occasions and the
property was finally sold on 29/12/2023 in
favour of the 3rd respondent. The reserve
price fixed was Rs. 61,06,000/-. The property
was further sold to the highest bidder,the 3rd
respondent , for an amount of Rs. 61,26,000/-.
Further sale certificate was issued and the
same has been registered in favour of the 3rd
respondent.
4. It is submitted that the respondent bank
has adjusted the sale amount towards the
total dues including overdue charges, legal
charges and bounce charges against the loan
account of the 2nd respondent. Therefore the
entire sale amount of Rs. 61,26,000/-was
adjusted towards the dues in the loan
account. The allegation of the petitioner that
total dues is around Rs.39 Lakhs is false. The
2nd respondent was a chronic defaulter and
the loan account was due from the year 2019
onwards. The demand notice was issued on
19/6/2020 itself. The total outstanding
amount including the interest and principle
along with the overdue charges for the
defaulted period has been recovered by the lst
respondent. Further the lst respondent is not
a party to the family court proceedings and
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WP(C) NO.13005 OF 2025
the answering respondent has no knowledge
about the said proceedings.
5. Thus there is no balance amount after the
sale of the property of the 2nd respondent.
The petitioner cannot claim relief against the
lst respondent for an amount of Rs.
22,30,000/-. There is no balance amount out of
the sale amount to be deposited before the
Family Court. Therefore the present writ
petition is devoid of any merits and may be
dismissed."
3. The above statements are recorded.
In view of the above, nothing further remains to be considered in
this original petition, as the remedy of the petitioner, in case he disputes
the quantification, is to take appropriate proceedings before the Forum
concerned, as factual adjudications cannot be done in a writ petition.
Without prejudice to the right of the petitioner to avail of such
remedies, this writ petition is closed.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.13005 OF 2025
APPENDIX OF WP(C) 13005/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION IN
O.P.NO.2348/2019 ON THE FILES OF FAMILY
COURT THIRUVANANTHAPURAM FOR RECOVERY OF
GOLD, MONEY, ARTICLES AND OTHER
CONSEQUENTIAL RELIEF, DATED 11.10.2019
Exhibit P2 TRUE COPY OF THE ORDER OF THE FAMILY
COURT IN I A NO.3268/2019 IN OP
NO.2348/2019 DATED 15.10.2019
Exhibit P3 TRUE COPY OF THE O P NO.383/2024 FILED
BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM IN FEBRUARY 2024 BY
THE PETITIONER
Exhibit P4 THE TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 10.02.2025 ISSUED BY
THE REGISTRATION DEPARTMENT FOR THE
PERIOD 01.01.1982 TO 27.01.2025
Exhibit P4(a) TRUE ENGLISH TRANSLATION OF COPY OF THE
EXHIBIT-P4 DOCUMENT
