The Court disposed of the writ petition directing the fifth respondent, Canara Bank, to take a decision on an external representation seeking indulgence to liquidate loan liability within ten days, keeping the interim order in force.
Direction to the fifth respondent to take a decision on the representation within ten days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
WP(C).No.11922 OF 2019(M)
PETITIONER:
T.K.GOPI AGED 72 YEARS THEKKETHARA HOUSE, C.R.IYYUNNI ROAD, MYLIPADAM, THRISSUR - 680 020
BY ADV. SRI.DILIP J. AKKARA
RESPONDENTS:
1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 033
THRISSUR TALUK, TALUK OFFICE, THRISSUR - 680 001
4 VILLAGE OFFICER CHEMBUKAVU VILLAGE, CHEMBUKAVU P.O, THRISSUR - 680 001
R1 BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER R5 BY ADV. SRI.K.S.DILIP R5 BY ADV. SRI.SAJU N.A. R5 BY ADV. SMT.G.LEKHA R5 BY ADV. SMT.P.J.FLONY R5 BY ADV. SMT.S.AMBILY R5 BY ADV. SMT.UMA.G.KRISHNAN R5 BY ADV. SMT.R.K.SARASWATHY R5 BY ADV. SALIL KUMAR.V
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11922 OF 2019(M)
2
W.P.(C) No.11922 of 2019
J U D G M E N T
The limited prayer made by the learned counsel for the petitioner, when this matter was taken up, was for a direction to the fifth respondent bank to take a decision on Ext.P5 representation. Ext.P5 is a representation preferred by the daughter-in-law of the petitioner to the fifth respondent seeking indulgence to liquidate the liability in respect of a loan account.
In the peculiar facts made out in this matter, I deem it appropriate to dispose of the writ petition directing the fifth respondent to take a decision on Ext.P5 representation, within ten days from the date of receipt of a copy of this judgment. Ordered accordingly. The interim order granted by this court in this matter on 12.04.2019 will be in force till a decision is taken on Ext.P5.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C).No.11922 OF 2019(M)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF PAGE 1 TO 3 OF PETITIONER'S RATION CARD NO.1841077705 DATED 15.3.17 ISSUED BY KERALA RATIONING AUTHORITY. EXHIBIT P2 PHOTOCOPY OF NOTICE OF ATTACHMENT OF MOVABLES, RRC NO.2019/1885/08 DATED 26.2.2019 ISSUED BY THE 2ND RESPONDENT.
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the bank should be directed to take a decision on the representation seeking indulgence to liquidate the liability.
Whether the interim order ought to remain in force till a decision is taken on the representation.
T.K.GOPI
STATE OF KERALA
DISTRICT COLLECTOR THRISSUR
DEPUTY TAHSILDAR
VILLAGE OFFICER CHEMBUKAVU
MANAGER CANARA BANK
P.BSURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
