A writ of certiorari was dismissed against a Bank, Collector, and Tahsildar. The Court held the petitioner lacked locus standi as she is neither a power of attorney holder for the debt nor claiming her own property is being attached.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 11TH DAY OF DECEMBER 2014/20TH AGRAHAYANA, 1936
WP(C).NO. 30600 OF 2014 (Y)
PETITIONER(S) :
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ABIDA RASHID, W/O. M.K.RASHID, C/O. AYISHA RASHID, 'RIVARAIN',VENGERI AMSOM, DESOM, P.O.VENGERI, CALICUT-673010.
BY ADV. SMT.BIMALA BABY
RESPONDENT(S) :
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1. BANK OF INDIA REPRESENTED BY BRANCH MANAGER, BANK OF INDIA SILK STREET BRANCH, KOZHIKODE-673001.
2. THE DISTRICT COLLECTOR COLLECTORATE, KOZHIKODE-673001.
3. THE SPECIAL DEPUTY TAHSILDAR BANK LOAN ARREARS COLLECTOR, REVENUE RECOVERY KOZHIKODE-673001.
R1 BY ADVS. SRI.MANJERI SUNDERRAJ
SMT.SUSAN JACOB SRI.M.SANJEEVE SMT.K.ANILA BY SENIOR GOVERNMENT PLEADER SRI.P.FAZIL BY SRI.C.A.JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).NO. 30600 OF 2014 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1- COPY OF THE PROCLAMATION OF SALE IN DRC NO. 1248/BOI PUBLISHED IN KERALA KAUMUDI DAILY DATED 21-12-2007.
EXHIBIT P2- COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :
EXHIBIT R1-(A): COPY OF THE LIST OF IMMOVABLE PROPERTIES HELD SUBMITTED ON 05.01.2000 BY THE BORROWER ABIDA RASHEED K.M.(THE PETITIONER HEREIN). EXHIBIT R1-(B): COPY OF THE FALSE AND DEROGATORY COMPLAINT IN MALAYALAM BY PETITIONER'S DAUGHTER AYISHA AGAINST PRABHAKARAN, MADE TO THE POLICE. EXHIBIT R1-(C): COPY OF THE SUBMISSION MADE BEFORE THE ACP, (NORTH) KOZHIKODE BY PRABHAKARAN, CHIEF MANAGER OF R1. (WITH ENGLISH TRANSLATION).
EXHIBIT R1-(D): COPY OF POINT TO POINT RESPONSE BY PRABHAKARAN IN ANSWER TO EXT.R1(B) COMPLAINT BY PETITIONER'S DAUGHTER.
/ TRUE COPY /
NS P.A. TO JUDGE
P.R. RAMACHANDRA MENON,J
W.P.(C) No.30600 of 2014
Dated this the 11th day of December 2014
J U D G M E N T
The petitioner has approached this Court with
the following prayers:
“ i) To issue a writ of mandamus or other appropriate writ or order directing the respondents to refrain from proceeding against the movable properties of the petitioner's daughters for recovery of the debt due to the 1st respondent from the petitioner; and
ii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.”
petitioner not in the capacity as the power of attorney holder of the daughter of the petitioner with regard to the amount sought to be realised. So also, there is no case for the petitioner that any property belonging to the petitioner is being proceeded against.
In the said circumstance, this Court finds that there is absolutely no 'locus standi ' for the petitioner to have approached this Court by filing this writ petition. It is made clear that, if any of the petitioner's properties are sought to be proceeded against, it will be open to the
W.P.(C) No.30600 of 2014 2
petitioner to pursue appropriate remedy in accordance
with law. Without prejudice to such right, interference is
declined and the writ petition stands dismissed.
Sd/-
P.R. RAMACHANDRA MENON
JUDGE
NS
2 issues framed by the court
Whether the petitioner has locus standi to challenge proceedings against movable properties of her daughter for recovery of a debt.
Whether the petitioner's own properties are being proceeded against for the same debt.
Abida Rashid
Bank of India, represented by Branch Manager, Bank of India Silk Street Branch, Kozhikode
The District Collector, Kozhikode
The Special Deputy Tahsildar Bank Loan Arrears Collector, Revenue Recovery, Kozhikode
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
