[Cites 2, Cited by 0]
Kerala High Court
Thomas Kannookadan vs Tata Capital Ltd on 2 February, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:8756
O.P(Crl) No.87 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
OP(CRL.) NO. 87 OF 2026
CRMP 12027/2025 IN CRMP NO.10897 OF 2025 OF CHIEF JUDICIAL
MAGISTRATE ,THRISSUR
PETITIONER:
THOMAS KANNOOKADAN
AGED 80 YEARS
S/O LATE MR.DEVASSY, KANNOOKADAN HOUSE,
OPPOSITE TO KINFRA PARK, MURINGOOR THEKKUMMURI
VILLAGE, CHALAKKUDI TALUK, KORATTY (PO),
THRISSUR DISTRICT, PIN - 680308
BY ADVS.
SHRI.DAJISH JOHN
SRI.P.B.ASOKAN
SRI.S.SREEKUMAR (ADUKKATH)
SHRI.ANANDHU K.S
RESPONDENTS:
1 TATA CAPITAL LTD
1 ST FLOOR, PUTHURAN PLAZA, KPCC JUNCTION,
M G ROAD, COCHIN- REPRESENTED BY ITS AUTHORIZED
OFFICER, PIN - 682011
2 IMMACULATE AGRO SPICES PVT LTD., XIV/125,
KANJIRAVELI HOUSE, PULINCHODE, PAZHAMTHOTTAM
P.O., ERNAKULAM, KERALA, REP. BY ITS MANAGING
DIRECTOR, PIN - 683565
2026:KER:8756
O.P(Crl) No.87 of 2026
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3 KAN AGRO SPICES IS LOCATED AT XIV/125
KANJIRAVELIL, PULINCHODE, PAZHAMTHOTTAM P.O.,
ERNAKULAM DISTRICT, KERALA,
REPRESENTED BY MANAGING PARTNER, PIN - 683565
4 JINU VARGHESE
AGED ABOUT 40 YEARS, S/O VARGHESE ,KANJIRAVELIL
HOUSE, PAZHAMTHOTTAM (PO) KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT PIN, PIN - 683565
5 JENNY VARGHEES,
AGED 50 YEARS, S/O VARGHESE, KANJIRAVELIL HOUSE,
PAZHAMTHOTTAM (PO) KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT, PIN - 683565
6 GEEBA JENNY
AGED ABOUT 45 YEARS, W/O JENNY VARGHEES,
KANJIRAVELIL HOUSE, PAZHAMTHOTTAM (PO)
KUNNATHUNAD TALUK, ERNAKULAM DISTRICT,
PIN - 683565
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P(Crl) No.87 of 2026
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K.BABU, J.
--------------------------------------
O.P (Crl) No.87 of 2026
---------------------------------------
Dated this the 2nd day of February, 2026
JUDGMENT
The prayers in this Original Petition (Criminal) filed under
Article 227 of the Constitution of India are as follows:
"I. Call for records in (Exhibit P6) Crl MP
12027/2025 in CRl MP 10897 of 2025 on the files
of Chief Judicial Magistrate Court, Thrissur and
direct the Chief Judicial Magistrate Court,
Thrissur to take up, consider and pass orders on
it within a time limit stipulated by this Hon'ble
Court.
II. Direct the Chief Judicial Magistrate Court,
Thrissur to keep the entire proceedings in Crl
MP 10897 of 2025 in abeyance until OS No
190/2025 before the Sub Court Irinjalakkuda is
finally disposed off.
III. Dispense with the filing of the translation of
vernacular documents.
iv. Such further and other reliefs which this Hon'ble
Court deems fit and proper in the facts and
2026:KER:8756
circumstance of the case."
2. Heard the learned counsel for the petitioner. In view of the
relief sought for, notice to the respondents is dispensed with.
3. The learned counsel for the petitioner submitted that
though the petitioner filed an application seeking to advance Crl.M.P
No.12027/2025 in Crl.M.P No.10897/2025 on the file of the Chief
Judicial Magistrate Court, Thrissur, the learned Chief Judicial
Magistrate has not allowed it. It is submitted that in Crl.M.P
No.12027/2025, the petitioner seeks to keep the proceedings before
the Chief Judicial Magistrate Court in abeyance until O.S
No.190/2025 is disposed of. The grievance of the petitioner is that if
Crl.M.P No.12027/2025 is not considered, the Advocate
Commissioner appointed by the Court will take possession of a
building in the possession of the petitioner under the provisions of
the SARFAESI Act.
4. Therefore, the Chief Judicial Magistrate, Thrissur is
directed to consider Crl.M.P No.12027/2025 in Crl.M.P
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Mo.10897/2025 and pass orders on or before 07.02.2026. The
learned Chief Judicial Magistrate shall serve advance notice of
hearing of Crl.M.P No.12027/2025 in Crl.M.P No.10897/2025 to the
counsel concerned.
The Original Petition (Criminal) is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2026:KER:8756
APPENDIX OF OP(CRL.) NO. 87 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF TAX RECEIPT NO: :
KL08061804173/2023 DATED 08.07.2023
Exhibit P2 THE TRUE PHOTOCOPY OF SALE DEED
NO.2660/2023 OF CHALAKKUDI SUB
REGISTRAR OFFICE DATED 07.10.2023
Exhibit P3 THE TRUE PHOTOCOPY OF AGREEMENT
EXECUTED BETWEEN THE PETITIONER AND 2ND
RESPONDENT ON 10/10/2023
Exhibit P4 THE TRUE PHOTOCOPY OF COMMISSIONER
IN OS NO 190/2025, SUB COURT,
IRINJALAKKUDA
Exhibit P5 THE TRUE PHOTOCOPY OF NOTICE DATED
04.11.2025 ISSUED BY ADVOCATE
COMMISSIONER IN CMP NO 10897/2025,
CHIEF JUDICIAL MAGISTRATE COURT,
THRISSUR
Exhibit P6 THE TRUE PHOTOCOPY OF CRL MP NO
12027/2025 IN CRL MP 10897 OF 2025, CJM
COURT , THRISSUR
Exhibit P7 THE TRUE COPY OF JUDGEMENT DATED
13.11.2025 IN WPC 41810 OF 2025
Exhibit P8 THE TRUE COPY OF FINAL ORDER DATED
23.12.2025 IN SA NO 739/2025, DEBT
RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P9 THE TRUE PHOTOCOPY OF RELEVANT PORTION
OF PROCEEDINGS IN OS NO 190/2025
PENDING BEFORE HON'BLE SUB COURT ,
IRINJALAKKUDA
Exhibit P10 THE TRUE PHOTOCOPY OF CRL MP NO 1 OF
2026 DATED 31.01.2026
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Exhibit P11 THE TRUE PHOTOCOPY OF ORDER DATED
31.01.2026 IN CRL MP NO 1/2026 IN CRL
MP NO 10897 OF 2025
