Allowed

Joy M.P. v. the District Collector

Kerala HC13 Nov 2013WP(C)/27054/2013

Case brief

AI extract

What is this about?

The High Court allowed a limited prayer in a writ petition. The Court directed that the agricultural produce stored by the petitioner be auctioned first before proceeding against mortgaged property, with the bank to continue recovery if this sale is insufficient.

What did the court decide?

Coercive recovery proceedings evidenced by notices shall be put on hold; agricultural produce in godowns to be sold first.

Joy M.P. Vs the District Collector — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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WEDNESDAY, THE 13TH DAY OF NOVEMBER 2013/22ND KARTHIKA, 1935

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WP(C).No. 27054 of 2013 (F)

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PETITIONER(S):

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JOY M.P., AGED 53 S/O.PAULOSE, MUTHATT HOUSE, KORENCHIRA KIZHAKKANCHERRY, ALATHOOR TALUK, PALAKKAD.

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BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR PALAKKAD, CIVIL STATION, PALAKKAD 678 001.

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2. DEPUTY TAHSILDAR (R.R) TALUK OFFICE, ALATHUR, ALATHUR P.O PALAKKAD 678 541.

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3. STATE BANK OF INDIA

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ADB BRANCH, PALAKKAD, REPRESENTED BY CHIEF MANAGER SOBHA COMPLEX, PALAKKAD 678 001.

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R1 BY SR. GOVERNMENT PLEADER SMT. MANOJ P. KUNJACHAN R3 BY ADVS. SRI.P.V.SURENDRANATH, SC, SBI SRI.THOMAS JAMES MUNDACKAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 27054 of 2013 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. COPY OF THE NOTICE DATED 31.1.2013 ISSUED TO PETITIONER UNDER SECTION 7 BEARING IST RESPONDENT FILE NUMBER 2012/101072/9.

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EXHIBIT P2. COPY OF THE NOTICE DATED 31.1.2013 ISSUED TO PETITIONER UNDER SECTION 34 BEARING IST RESPONDENT FILE NUMBER 2012/101072/9.

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EXHIBIT P3. COPY OF THE NOTICE DATED 31.1.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2012/101074/9.

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EXHIBIT P4. COPY OF THE NOTICE DATED 31.1.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2012/101074/9.

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EXHIBIT P5. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3304/9.

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EXHIBIT P6. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3304/9.

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EXHIBIT P7. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO.2013/3305/9.

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EXHIBIT P8. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO.2013/3305/9.

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EXHIBIT P9. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3330/9.

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EXHIBIT P10. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3330/9.

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EXHIBIT P11. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO.2013/3349/9.

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EXHIBIT P12. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO.2013/3349/9.

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EXHIBIT P13. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO.2013/3353/9.

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DCS

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WP(C).No. 27054 of 2013 (F)

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EXHIBIT P14. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO.2013/3353/9.

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EXHIBIT P15. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3350/9.

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EXHIBIT P16. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3350/9.

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EXHIBIT P17. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3355/9.

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EXHIBIT P18. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3355/9.

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EXHIBIT P19. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3354/9.

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EXHIBIT P20. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3354/9.

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EXHIBIT P21. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3325/9.

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EXHIBIT P22. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3325/9.

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EXHIBIT P23. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3329/9.

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EXHIBIT P24. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3329/9.

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EXHIBIT P25. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3331/9.

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EXHIBIT P26. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3331/9.

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EXHIBIT P27. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3332.

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EXHIBIT P28. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3332.

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EXHIBIT P29. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3333/9.

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DCS

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WP(C).No. 27054 of 2013 (F)

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EXHIBIT P30. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3333/9.

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EXHIBIT P31. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NUMBER 2013/3335/9.

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EXHIBIT P32. COPY OF THE NOTICE DATED 15.3.2013 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NUMBER 2013/3335/9.

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EXHIBIT P33. COPY OF THE NOTICE DATED 24.12.12 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2012/101070/9.

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EXHIBIT P34. COPY OF THE NOTICE DATED 24.12.12 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2012/101070/9.

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EXHIBIT P35. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21349/9.

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EXHIBIT P36. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21349/9.

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EXHIBIT P37. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21159/9.

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EXHIBIT P38. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21159/9.

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EXHIBIT P39. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21157/9.

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EXHIBIT P40. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21157/9.

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EXHIBIT P41. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21158/9.

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EXHIBIT P42. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21158/9.

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EXHIBIT P43. COPY OF THE NOTICE DATED 1.9.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21160/9.

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EXHIBIT P44. COPY OF THE NOTICE DATED 1.9.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21160/9.

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EXHIBIT P45. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 7 WITH COLLECTORATE FILE NO. 2013/21155/9.

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EXHIBIT P46. COPY OF THE NOTICE DATED 29.8.13 ISSUED UNDER SECTION 34 WITH COLLECTORATE FILE NO. 2013/21155/9.

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DCS

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WP(C).No. 27054 of 2013 (F)

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EXHIBIT P47. COPY OF THE NOTICE OBJECTION DATED 29.8.2013 GIVEN BY PETITIONER TO RESPONDENTS 1 AND 2.

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EXHIBIT P48. COPY OF THE SUMMONS ISSUED TO PETITIONER AND 27 OTHERS IN OA NO.344/2013 BEFORE THE HONOURABLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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EXHIBIT P49. COPY OF THE REPLY DATED 30.09.2013 ISSUED BY 2ND RESPONDENT FOR EXHIBIT P47.

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RESPONDENT(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V.CHITAMBARESH,J.

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-------------------------------

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W.P.(C) No.27054 of 2013

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-------------------------------------

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Dated this the 13^th day of November, 2013

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The limited prayer put forth by the petitioner is that the agricultural produce may be sold first before proceeding against the mortgaged property. The agricultural produce such as dry ginger, turmeric and rice etc., if any available in the godowns of the Central Warehousing Corporation and deposited by the petitioner shall be sold first. The third respondent bank undertakes to conduct the auction sale during the third week of December 2013 after due publicity.

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The bank is however entitled to continue the recovery proceedings in case the sale does not take place or the sale price is insufficient to satisfy the debt. The coercive steps already initiated against the petitioner evidenced by Exts. P1 to P46 notices shall be put on hold in the meanwhile.

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The writ petition is disposed of.

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SD/-

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V.CHITAMBARESH JUDGE

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DCS

Joy M.P. v. the District Collector

Case brief

What is this about?

What did the court decide?

Joy M.P. v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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