Sundaram Bnp Paribas Home Finance Ltd. Vs State of Kerala

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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 DAMA SESHADRI NAIDU

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MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

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WP(C).No. 282 of 2016 ---------------------

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PETITIONER

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SUNDARAM BNP PARIBAS HOME FINANCE LTD, TC 20/30(37),2ND FLOOR, KAIRALI PLAZA, KILLIPALAM, KARAMANA P.O.,THIRUVANANTHAPURAM-695002, REPRESENTED BY ITS AUTHORISED OFFICER, ASWIN RAM,AGED 27,S/O.K.K.ASOKAN.

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BY ADV.SRI.VARGHESE C.KURIAKOSE

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RESPONDENT(S):

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-------------1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPT.OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM-695001.

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3. THE ADDL.TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM-695001.

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4. THE VILLAGE OFFICER, PATTOM VILLAGE, PATTOM-695009.

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5. THE STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM-695001.

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6. SANTHOSH WILSON, TC NO.2/3240, PATTOM, THIRUVANANTHAPURAM-695009.

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7. SHAJAHAN M, TC NO.43/555, SUBI MANZIL, MANACAUD, THIRUVANANTHAPURAM-695407.

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8. HASEENA B, W/O.SHAJAHAN M., TC NO.43/555, SUBI MANZIL,MANACAUD, THIRUVANANTHAPURAM-695407.

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R1 TO R5 BY GOVERNMENT PLEADER SRI MATHEW JOHN VADAKKAN R6 BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SMT.P.ANJANA SMT.ANJALI B CHANDRAN R7,R8 BY ADVS.SMT.M.SANTHI SRI.G.RANJU MOHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 282 of 2016

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: TRUE PHOTOSTAT COPY NOTICE CONTEMPLATED UNDER SECTION 13 (2) OF THE SARFAESI ACT ON 1.06.2015.

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P2: TRUE PHOTOSTAT COPY OF POSSESSION PUBLISHED IN THE NEWSPAPER DATED 19.9.2015.

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P3: TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT ON 31.10.2015

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P4: TRUE PHOTOSTAT COPY OF THE DETAILED APPLICATION BEFORE THE 2ND RESPONDENT WITHOUT ANNEXURE.

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RESPONDENTS EXHIBITS:

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R6(A) THE TRUE COPY OF THE TAX RECEIPT DATED 2.4.2003 STANDING IN THE NAME OF THE 6TH RESPONDENT IN RESPECT OF 22.334 CENTS IN SY.NO.17004/2-1 AND 1704/7-1 BELONGING TO HIM ISSUED BY THE VILLAGE OFFICER,PATTOM.

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R6(B) THE TRUE COPY OF THE TAX RECEIPT DATED 23.7.2013 STANDING IN THE NAME OF THE 6TH RESPONDENT IN RESPECT OF 5.724 CENTS IN SY. NO.1704/4-1 BELONGING TO HIM ISSUED BY THE VILLAGE OFFICER,PATTOM.

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R6(C) THE TRUE COPY OF THE TAX RECEIPT DATED 21.10.2008 STANDING IN THE NAME OF THE 6TH RESPONDENT IN RESPECT OF 19.276 CENTS IN SY.NO.1704/12-1,1704/41,1704/4-2 BELONGING TO HIM ISSUED BY THE VILLAGE OFFICER, PATTOM.

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R6(D) THE TRUE COPY OF THE TAX RECEIPT DATED 23.7.2013 STANDING IN THE NAME OF THE 6TH RESPONDENT IN RESPECT OF 5.150 CENTS IN SY.NO 1704/6 BELONGING TO HIM ISSUED BY THE VILLAGE OFFICER, PATTOM.

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R6(E) THE TRUE COPY OF THE TAX RECEIPT DATED 2.9.2010 STANING IN THE NAME OF THE 6TH RESPONDENT IN RESPECT OF 2 CENTS IN SY.NO 1704 /7-2 BELONGING TO HIM ISSUED BY THE VILLAGE OFFICER,PATTOM.

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R6(F) TRUE COPY OF THE COMPLAINT FILED BY THE 6TH RESPONDENT BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 22.9.2015.

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R6(G) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 6TH RESPONDENT BEFORE THE DIRECTOR OF SURVEYS, GOVERNMENT OF KERALA DATED 26.10.2015.

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R6(H) THE TRUE COPY OF THE ENCUMBERANCE CERTIFICATE ISSUED BY THE SUB REGISTRAR PATTOM IN RESPECT OF PROPERTY COMPRISED IN SY NO.1704 AND R.S NO 157 COMMENCING FROM 1.1.1973 TO 15.9.2015.

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R6(I) TRUE COPY OF THE PLAINT IN OS 2136 OF 2015 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT THIRUVANANTHAPURAM.

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R6(J) TRUE COPY OF THE COMMISSION REPORT IN O.S 2136 OF 2015 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT THIRUVANANTHAPURAM DATED 25.11.2015.

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R6(K) TRUE COPY OF THE APPLICATION FOR THE ISSUED OF A COMMON SUBMITTED BY THE 7TH RESPONDENT IN OS 2136 OF 2015.

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WP(C).No. 282 of 2016

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R6(I) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 6TH RESPONDENT TO THE COMMISSION APPLICATION FILED BY THE 7TH RESPONDENT ON OS 2136 OF 29015.

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R6(M) TRUE COPY OF THE COMMUNICATION DATED 11.10.2017 ISSUED BY THE SPECIAL TAHSILAR, PWD CIRCLE.

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R6(N) THE TRUE COPY OF THE SURVEY PLAN OF THE PROPERTIES IN THE POSSESSION OF THE 6TH RESPONDENT AND THE PROPERTY COVERED Y THE SALE DEED OF RESPONDENTS 7 AND 8.

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R6(O) TRUE COPY OF THE ORDER DATED 18.12.2015 IN I.A 9517 OF 2015 IN OS 2136 OF 2015 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT THIRUVANANTHAPURAM.

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K.V. P.S.TO JUDGE 23.07.2018

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DAMA SESHADRI NAIDU, J.

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================================

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W.P.(C). No.282 of 2016

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=================================== Dated this the 16^th day of July, 2018

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JUDGMENT

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The petitioner filed t his Writ Petition seeking the following reliefs:

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"(i) Issue writ, order or direction in the nature of Certiorari or other appropriate writ, calling for the records leading to Ext.P3 application and the order contained therein examine the same and quash the same by holding the same as illegal, unjust and unwarranted and not unsustainable in law.

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(ii) Declare that Ext.P3 order passed by the 2^nd respondent is void, abinitio as the same has been passed by the 2^nd respondent without any express or implied jurisdiction or authority conferred on him under any statute and that the same operates as a fetter on the right of the secured creditor under SARFAESI Act to take possession and maintain possession and it further operates as a restrain on the right of

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-2-

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W.P.(C). No. 282 of 2016

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sale conferred on the secured creditor under the said Act (Central Act 54 of 2002).

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(iii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondent No.2 to forthwith take up Ext.P4 application after giving notice to the petitioner and to recall the order passed in Ext.P3 after hearing the petitioner.

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(iv) Allow the petitioner herein to recover the full costs incurred for this proceedings from the Respondents No. 2 to 8."

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Now, the Government Pleader filed a memo along with

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an order passed by the 2^nd respondent. Through the proceedings dated 25.06.2018, the 2^nd respondent recalled the order, dated 31.10.2015.

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In these circumstances, I reckon the writ petition does not survive for consideration. Therefore it is closed.

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Sd/-

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DAMA SESHADRI NAIDU

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JUDGE

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True copy P.A to Judge

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sd

Sundaram Bnp Paribas Home Finance Ltd. v. State of Kerala

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Sundaram Bnp Paribas Home Finance Ltd. v. State of Kerala

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