The Court directed the 4th respondent to survey and measure the petitioner's properties within three weeks. The petitioner was also ordered to submit a fresh OTS proposal after finalisation for settlement with the bank.
Survey finalised within three weeks; petitioner to submit fresh OTS proposal within 10 days of finalisation for bank orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C).No.8180 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WP(C) NO. 8180 OF 2023
PETITIONER:
RUSSAL M.EASA, AGED 53 YEARS,S/O P.S. MOHAMMAD EASA, DOOR NO. 12/772/AA RECCA ENCLAVE, PADAMUGAL, KAKKANAD, PIN - 682021
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
W.P.(C).No.8180 of 2023 2
03-2023 IN WP(C)8180/2023.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.8180 of 2023 3
VIJU ABRAHAM,J
W.P.(C).No.8180 of 2023
Dated this the 16th day of November, 2023
JUDGMENT
Petitioner has approached this Court seeking a
direction to the 4th respondent to forthwith survey
and measure the properties of the petitioner based
on Sale deed Nos.403/1997, 1392/1997, 402/97 & 482/98 and at any rate before the time limit for
effecting payment to the 6th respondent as per Ext.P4 expires.
earlier, the learned Government Pleader was
directed to get instructions, who upon instructions would submit that pursuant to the direction issued
by this Court the District Survey Superintendent
has conducted a site inspection and the files have
been handed over to the Taluk Surveyor for
completing the proceedings and submitted that some
more time is necessary to complete the process.
Learned Government Pleader would submit that one
W.P.(C).No.8180 of 2023 4
month's time is required to complete the survey process. Petitioner submits that SARFAESI proceedings has been initiated against him and that one purchaser has come expressing desire to purchase the property and the transaction with the
said person could be completed only after the
survey is completed. It is also submitted that petitioner could settle the claim with the 6th respondent bank only after the sale of the property
is materialised. Therefore, taking into
consideration all these aspects, it is ordered that all further proceedings regarding survey, shall be finalised, at any rate, within an outer limit of three weeks from the date of receipt of a copy of this judgment. After finalise the same, petitioner shall also submit a fresh OTS proposal before the
6th respondent bank, which shall also be duly
considered and orders passed thereon giving due credit to the amount already paid. Orders in this
regard shall be passed within a period of 10 days after finalisation of the proceedings pursuant to
W.P.(C).No.8180 of 2023 5
the survey.
The above writ petition is disposed of.
sd/-
VIJU ABRAHAM, JUDGE
pm
W.P.(C).No.8180 of 2023 6
APPENDIX OF WP(C) 8180/2023
PETITIONER'S EXHIBITS
| Exhibit1 | TRUE COPY OF THE DATED 29.07.2021 ARES |
BASIC TAX RECEIPT WITH RESPECT TO 19 |
|---|---|---|
| Exhibit P2 | TRUE COPY OF THE RESPECT TO 1 ARES 21.12.2022 |
BASIC TAX RECEIPT WITH & 9 SQM DATED |
| Exhibit P3 | TRUE COPY OF THE SALE DATED 15.06. |
NOTICE OF THE INTENDED 2022 |
| Exhibit P4 | TRUE COPY OF THE TO THE PETITIONER DATED 16.12.2022 |
COMMUNICATION ISSUED BY THE 6TH RESPONDENT |
| Exhibit P5 | TRUE COPY OF THE 26.12.2022 ISSUED |
COMMUNICATION DATED TO THE PETITIONER |
| Exhibit P6 | TRUE COPY OF THE DATED 17.1.2023 W ARES |
BASIC TAX RECEIPT ITH RESPECT TO 4.1 |
| Exhibit P7 | TRUE COPY OF THE RESPECT TO 12.14 |
BASIC TAX RECEIPT WITH ARES |
| Exhibit P8 | TRUE COPY OF THE S1/5803/20 DATED RESPONDENT |
PROCEEDINGS NO.D.DIS- 30.4.2021 OF THE 4TH |
| Exhibit P9 | TRUE COPY OF THE DATED 13.2.2023 |
AGREEMENT FOR SALE |
| Exhibit P10 | TRUE COPY OF THE 11.1.2023 SUBMITT RESPONDENT |
REQUEST DATED ED BEFORE THE 2ND |
| Exhibit P11 | TRUE COPY OF THE 11.1.2023 BEFORE |
REQUEST DATED THE 4TH RESPONDENT |
3 issues framed by the court
Whether the District Survey Superintendent is directed to survey and measure the petitioner's properties within a specific time limit.
Whether the petitioner can settle the claim with the bank only after the sale of the property is materialised.
Whether a fixed outer limit is set for finalising the survey proceedings.
RUSSAL M.EASA
STATE OF KERALA
THE DISTRICT COLLECTOR
VILLAGE OFFICER, VAZHAKALA
TAHASILDAR, LAND REFORMS
DISTRICT SURVEY SUPERINTENDENT
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
