Partly allowed

Anas A.R. v. the Manager

Kerala HC22 Mar 2017WP(C)/4102/2017

Case brief

AI extract

What is this about?

A lawyer allowed the petitioner to make a representation before the statutory authority regarding a sale notice for property recovery in a chitty transaction, directing the authority to consider it with an opportunity of hearing within one month.

What did the court decide?

Permitting the petitioner to make a representation before the Chairman of the first respondent, which shall be considered in accordance with law after providing opportunity of hearing, within one mont

Anas A.R. Vs the Manager — Service and Employment | Kerala HC (2017)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 22ND DAY OF MARCH 2017/1ST CHAITHRA, 1939

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WP(C).No. 4102 of 2017 (K)

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PETITIONER(S):

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ANAS A.R., S/O. A. ABDUL REHMAN, VADAKKEATTATHU KALEELIL, PALACKAL, THEVALAKKARA, KOLLAM DISTRICT, PIN -690 524.

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BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL.

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RESPONDENT(S):

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1. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, MAIN BRANCH, KOLLAM -691 001.

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2. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KSFE, KOLLAM-691 001.

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3. ABDUL MANAF, VADAKKEYATTATHU KALEELIL, PALACKAL, THEVALAKKARA -690 524, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER NAWAS, AGED 48 YEARS, ISMAILKUTTY, RESIDING AT PUNNAVILA PUTHEN VEEDU, PALLISSERICKAL P.O, SASTHAMCOTTA, KOLLAM.

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R1 & R2 BY SRI.BABU VARGHESE, SENIOR SC, SRI.ALEXANDER.C.V., SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4102 of 2017 (K)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE MINISTER OF FINANCE.

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P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT.

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P3 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.12.2016.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J.

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W.P.(C). NO. 4102 OF 2017

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Dated this the 22^nd day of March, 2017

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JUDGMENT

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This writ petition is filed by the petitioner challenging Ext.P3 notice of sale of immovable property issued by the second respondent on the basis of the requisition made by the first respondent, Kerala State Financial Enterprises Limited to recover the amounts due in chitty transaction. The sale as per Ext.P3 did not take place as notified on 09.02.2017. Today, when the matter is taken up, learned counsel for the petitioner submitted that the writ petition can be given a quietus by permitting the petitioner to make appropriate representation before the statutory authority of the first respondent and a direction may be issued to consider the same in accordance with law.

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In that view of the matter and after hearing learned counsel for the petitioner and learned Standing Counsel, if the petitioner makes any representation before

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W.P.(C). NO. 4102 OF 2017 2

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the Chairman of the first respondent, the same shall be considered by the first respondent, in accordance with law, after providing opportunity of participation and hearing to the petitioner and attain finality to the same, within one month from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Anas A.R. v. the Manager

Case brief

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Anas A.R. v. the Manager

Case brief

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