Disposed

Manikandan v. Special Sale Officer

Kerala HC11 Jan 2023WP(C)/5920/2015

Case brief

AI extract

What is this about?

In a writ petition concerning a sale notice for property auction due to a loan default, the High Court disposed of the pending 7-year petition after noting an interim stay. The court granted liberty to approach the bank regarding installment payments but clarified that settled transactions cannot be re-opened.

What did the court decide?

The writ petition is disposed of leaving open the liberty to request the bank for installment payment options; proceedings shall not be re-opened if the transaction is settled.

Manikandan Vs Special Sale Officer — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 WP(C) NO. 5920 OF 2015

¶5

PETITIONER:

¶6

MANIKANDAN S/O.LATE NARAYANA GUPTHAN, VALAKKADA HOUSE, KUNDOORKUNNU P.O., MANNARKKAD, PALAKKAD DISTRICT.

¶7

BY ADV SRI.I.DINESH MENON

¶8

RESPONDENTS:

¶9

1 THE SPECIAL SALE OFFICER MANNARKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, NO.P.934, MANNARKKAD - 678 583.

¶10

2 THE SECRETARY MANNARKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, NO.P.934, MANNARKKAD - 678 583.

¶11

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

WP(C) NO. 5920 OF 2015 2

¶13

JUDGMENT

¶14

This writ petition is filed by the petitioner seeking the following reliefs:-

¶15

“(i) Issue a writ of certiorari or such other writ in the nature of certiorari, calling for records relating to Ext.P3 sale notice and quash the same;

¶16

(ii) Issue a writ of mandamus or such other writs, order or direction, directing the respondents to consider Ext.P2 request and permit the petitioner to pay of the arrears in equal monthly installments by regularising the loan account so as to enable the petitioner to pay of the regular installment amounts as sanctioned earlier;

¶17

Admittedly, the petitioner has availed a loan from

¶18

the Mannarkkad Primay Co-operative Agricultural and Rural Development Bank Limited – the second respondent. The petitioner defaulted repayment of the amounts consequent to which action was initiated as per Ext. P3 notice wherein, it is stated that if the petitioner is not making the payment, the property will be sold at 11.15 A.M. on 25.02.2014. It is basically challenging Ext.P3 notice, this writ petition is filed.

¶19

When the writ petition was admitted to the files

¶20

of this Court, an interim stay of further proceedings

¶21

WP(C) NO. 5920 OF 2015 3

¶22

pertaining to Ext.P3 notice was granted on condition that the petitioner remits an amount of Rs.50,000/- within a period of four months.

¶23

I have heard Adv. Renu B, Raj, learned counsel

¶24

for the petitioner and perused the pleadings and materials on record.

¶25

Since the matter was pending before this Court for the past seven years, I think it is only appropriate that this writ petition is disposed of. Anyhow, Ext.P3 sale notice was stayed by this Court as per the interim order dated 25.02.2015. According to the petitioner, petitioner has effected some payments and the entire amount was not taken into consideration before issuing Ext. P3 sale notice. The petitioner has to apprise the said situation and produce necessary documents before the second respondent to establish the contentions.

¶26

In that view of the matter, this writ petition is disposed of leaving open the liberty of the petitioner to approach the second respondent and make a request to pay the balance amount due in instalments. However, I make it clear that if

¶27

WP(C) NO. 5920 OF 2015 4

¶28

already the loan transaction is settled by and between the

¶29

parites, under no circumstances, the proceedings shall be re-opened.

Sd/-

SHAJI P. CHALY JUDGE

DCS/11.01.2023

WP(C) NO. 5920 OF 2015 5

¶34

APPENDIX

¶35

PETITIONER EXHIBITS

¶36

EXT.P1 TRUE COPY OF THE BANK PASS BOOK. EXT.P2 TRUE COPY OF THE REQUEST DATED 09.02.2015. EXT.P3 TRUE COPY OF THE SALE NOTICE DATED 15.01.2015.

Manikandan v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

Manikandan v. Special Sale Officer

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

Rajeesh.K.K, Vs the State of Kerala

M. Krishnankutty Vs State of Kerala

Ajith C.Nair Vs State of Kerala

Shameer Vs Secretary, Rta, Kozhikode

Francis Pradeep Lal Vs Trivandrum Corporation

Abdul Saleem Vs Pulikkal Grama Panchayat