The High Court of Kerala held that a writ petition filed in 2014 challenging an auction notice has become infructuous by passage of time due to lack of enforcement or stay, resulting in its dismissal.
Writ petition dismissed as infructuous.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
W.P.(C).No. 3786 of 2014 (W)
PETITIONER(S)/PETITIONER:
GOPALA KRISHNAN.D., SOBHA NIVAS, PULLIKANAKKU.P.O., KAYAMKULAM, ALLEPPEY DISTRICT, KERALA.
BY ADVS.SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS
RESPONDENT(S)/RESPONDENTS:
1. THE GENERAL MANAGER, NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT,(NABARD) KERALA REGIONAL OFFICE, PUNNEN ROAD, THIRUVANANTHAPURAM-695 039.
2. THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL & RURAL
3. THE SALE OFFICER, THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., A-326,HARIPAD.P.O., ALAPPUZHA DISTRICT, PIN-690 514.
R1 BY ADV. SRI.LEO GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bb
A.MUHAMED MUSTAQUE, J.
==============================
W.P.(C) No.3786 of 2014
============================== Dated this, the 20th day of December, 2016.
J U D G M E N T
This writ petition was filed in the year 2014, challenging
Ext.P4 auction notice. There was no stay in this matter. This Court is of the view that the matter has become infructuous by passage of time. However, if the petitioner is having any further cause of action subsequent to the writ petition, the petitioner is free to approach this Court. With the above
liberty, the writ petition is dismissed as infructuous.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Bb/22/12/2016
[True copy]
P.A to Judge
GOPALA KRISHNAN.D.
THE GENERAL MANAGER, NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT
THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.
THE SALE OFFICER, THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
