The Court dismissed a writ petition challenging a demand and sale notice by default due to the non-appearance of the petitioner, without examining the merits of the relief sought.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940
WP(C).No. 20345 of 2017
PETITIONER:
SHYNI CHERIYACHAN W/O.CHERIYACHAN THOMAS, SHYNI BHAVANAM, MUNDAPPALLY MURI, PARAKKOTTAM P.O, PERINGANAD,ADOOR, ALAPPUZHA DISTRICT.
BY ADV. SRI.N.B.ANOOP
RESPONDENTS:
1 THE SECRETARY ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.PT 235, ADOOR P.O., PATHANAMTHITTA DISTRICT - 685 590.
2 THE SPECIAL SALE OFFICER THE ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.PT 235, ADOOR P.O, PATHANAMTHITTA DISTRICT - 685 590.
BY ADVS. SRI.GEORGE ABRAHAM PACHAYIL SMT.JEBI MATHER HISHAM
SRI. BIMAL K. NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20345/2017
2
JUDGMENT
The petitioner, who availed five loans from the first respondent Bank in the year 2015, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exhibit-P1 demand notice dated 31.8.2016 issued by the first respondent and Exhibit-P2 sale notice dated 1.6.2017 issued by the second respondent. The petitioner has also sought for a writ of mandamus commanding the second respondent to regularise the loan account by giving instalments for the due amount.
urgent notice by speed post was ordered to the respondents, returnable within two weeks.
consideration, there was no representation for the petitioner and accordingly, the matter was adjourned.
instructions, would submit that the total liability as on November, 2018 in respect of the loan transactions in question comes to Rs.9,81,804/-.
Since there is no representation for the petitioner, this Writ Petition is dismissed for default.
Sd/-
ANIL K. NARENDRAN
JUDGE
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W.P.(C) No.20345/2017
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 31.8.2016. EXHIBIT P2 A TRUE COPY OF THE NOTICE BEFORE SALE DATED 1.6.2017 ISSUED BY THE 2ND RESPONDENT.
csl
Shyny Cheriyachan
The Secretary Adoor Primary Co-operative Agricultural and Rural Development Bank Limited
The Special Sale Officer The Adoor Primary Co-operative Agricultural and Rural Development Bank Limited
Anil K. Narendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
