Disposed

Abdul Basheer C.K., v. the Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC11 Jul 2022WP(C)/1548/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged revenue recovery proceedings and sought a direction to the second respondent to impartially consider a representation lodged by him regarding irregularities in loan recovery and the validity of a power of attorney.

What did the court decide?

Direction to the second respondent or authorized officer of the first respondent to consider Ext.P6 and take a decision within two months.

Abdul Basheer C.K., Vs the Kerala State Financial… — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944
WP(C) NO. 1548 OF 2022

¶5

PETITIONER/S:

¶6

ABDUL BASHEER C.K.,
AGED 46 YEARS
S/O. MOIDEEN KUTTY, CHOONDAKKUNNUMAL HOUSE,
THAMARASSERI, KOZHIKODE-673573.
BY ADVS.
SALIM V.S.
A.M.FOUSI

¶7

RESPONDENT/S:

¶8

1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE), (KSFE), MUSEUM ROAD, THRISSUR DISTRICT-680020, REPRESENTED BY ITS MANAGING DIRECTOR.

¶9

2 MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE), MUSEUM ROAD, THRISSUR ROAD-680020.

¶10

3 THE SPECIAL TAHSILDAR, (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KALLAI ROAD, KOZHIKODE-673002.

¶11

4 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, (KSFE), KALLAI ROAD, KOZHIKODE-673002. BY ADV P.C.ANIL KUMAR

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO. 1548 OF 2022

¶14

¶15

JUDGMENT Dated this the 11^th day of July, 2022

¶16

The petitioner is aggrieved by the revenue recovery proceedings initiated against his property at the instance of the Kerala State Financial Enterprises Limited. The essential facts are as under;

¶17

The petitioner had stood guarantor for loans availed by his wife and two others and had subscribed for a chitty on his own. As security for the loans the petitioner’s property was pledged, on the strength of a power of attorney, executed in his wife’s favour. According to the petitioner, the power of attorney does not authorise his wife to mortgage the properties. The petitioner has also lodged a complaint alleging that various irregularities have been committed by the officials of the KSFE in connection with the loans availed. Pointing out these aspects, the petitioner has preferred Ext.P6 representation before the second respondent.

¶18

Learned Counsel for the petitioner submits that,

¶19

¶20

WP(C) NO. 1548 OF 2022

¶21

although serious contentions regarding the manner in which power of attorney was utilised is raised, for the time being, the petitioner will be satisfied with a direction to the second respondent to consider Ext.P6 and take an impartial decision thereon.

¶22

Learned Standing Counsel refuted the contention regarding misuse of the power of attorney and submitted that the power of attorney specifically authorises mortgage of petitioner’s property for availing loan from the KSFE.

¶23

Inasmuch as the petitioner has confined his relief to consideration of Ext.P6 representation, the Writ Petition is disposed of, directing the second respondent or a duly authorised competent officer of the first respondent to take a decision on Ext.P6, with notice to the petitioner and

¶24

within two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

RK

WP(C) NO. 1548 OF 2022

¶31

APPENDIX OF WP(C) 1548/2022

¶32

PETITIONER EXHIBITS

¶33

Exhibit P1TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 29/07/2019 ISSUED BY THE
2ND RESPONDENT.
Exhibit P2TRUE COPY OF THE POWER OF ATTORNEY
DATED 24/04/2014 EXECUTED JOINTLY BY
THE PETITIONER AND HIS MOTHER.
Exhibit P3TRUE COPY OF THE COMMUNICATION DATED
11/12/2020 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P4TRUE COPY OF THE APPLICATION DATED
27/01/2021 ALONG WITH THE REGISTERED
POSTAL RECEIPT.
Exhibit P5TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WPC NO.7004/2021.
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED
12/11/2021 ALONG WITH POSTAL RECEIPT.
Exhibit P7TRUE COPY OF THE ONLINE INDIA POST
TRACK REPORT.

Abdul Basheer C.K., v. the Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

Abdul Basheer C.K., v. the Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Binoy M.S., Vs Kavyamol

M & T Constructions Vs State of Kerala

Brothers Boat Club Edathua Vs the District Collector Alappuzha

K.P.Saidalavi Vs State of Kerala

Fathima Mehra.R.v., Vs the Chairman, Central Board of Secondary Education

Baby Puthuran Vs Bharat Sanchar Nigam Limited