The court dismissed a writ petition challenging a sale notice issued by KSFE. The petitioner had obtained an interim stay but failed to pay the full amount directed by the court, paying only partial instalments.
The writ petition was dismissed. The respondent KSFE is directed to proceed with the sale in accordance with the law.
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 K.VINOD CHANDRAN
TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939
W.P(C).No.12951 of 2017 (T)
PETITIONER(S):-
V. NARAYANAN POTTI, AGED 82 YEARS, S/O.LATE VASUDEVAN POTTI, HOUSE NO.344, MOOTHEDATHU , MANGARAM, KIZHAKKEMADAM, ADOOR, PANDALAM, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.P.M.SANEER
SRI.SHAJIN S.HAMEED.
RESPONDENT(S):-
1. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E.LTD., KOLLAM, OFFICE OF THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, THE K.S.F.E.LTD., KOLLAM, PIN CODE 691 001.
2. THE BRANCH MANAGER, KESAVADASAPURAM BRANCH, KERALA STATE FINANCIAL ENTERPRISES LTD., KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN CODE 695004.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.12951 of 2017 (T)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXHIBIT P1 PHOTOCOPY OF THE NOTICE NO.SDT/KLM/11393, 11455/15-10 DTD 3/3/2016 ISSUED BY THE IST RESPONDENT. EXHIBIT P2 PHOTOCOPY OF THE JUDGMENT DTD 31/3/2016 IN WPC NO 10872/2016 OF THIS HONOURABLE COURT. EXHIBIT P3 PHOTOCOPY OF THE NOTICE NO.S.D.T/K.L.M/11393, 11455/15-16 DTD 21/4/2016 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXHIBIT P4 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE SALE NOTICE SDT/KLM/11393, 11455, 12024/15-16 DTD 28/2/2016.
RESPONDENT(S)' EXHIBITS:-
-------------------------NIL.
Vku/[ true copy ]
K. Vinod Chandran, J.
--------------------------------------W.P.(C).No.12951 of 2017-T
Dated this the 03rd day of October, 2017
JUDGMENT
The petitioner was before this Court challenging Exhibit P5 sale notice. There was an interim order of stay of sale granted on 11.04.2017, directing the petitioner to pay an amount of Rs.3,00,000/- [Rupees three lakhs] on or before the sale fixed and a further amount of Rs.4,00,000/- [Rupees four lakhs] on or before 29.04.2017. Though the petitioner paid Rs.3 lakhs, the further direction was not complied with.
WP(C) No.12951 of 2017
compliance with the interim order passed in the above writ petition. In such circumstances, no further equity can be claimed by the petitioner who has not complied with the directions issued by this Court. The writ petition, hence, would stand dismissed. The KSFE would be entitled to proceed in accordance with law.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether the writ petition challenging the sale notice should be dismissed given non-compliance with the court's interim order for payment.
Whether the petitioner can claim further equity after failing to comply with the quantified payment directions.
V. Narayanani Patti
The Special Deputy Tahsildar (RR), K.S.F.E.Ltd., Kollam
The Branch Manager, Kesavadasapuram Branch, Kerala State Financial Enterprises Ltd.
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
