Disposed

Chandramathy Amma v. the Chief Manager

Kerala HC5 Jan 2024WP(C)/189/2024

Case brief

AI extract

What is this about?

Mortgagors sought to save their only residential property from bank coercive recovery proceedings by redeeming it at assessed value through relatives' help. The High Court disposed of the writ petition directing the Chief Manager to consider their pending representation within one month, with coercive proceedings continuing only after a decision thereon.

What did the court decide?

Direction to 1st respondent to consider Ext.P4 representation within one month; coercive proceedings only after decision thereon.

Chandramathy Amma Vs the Chief Manager — Banking and Recovery | Kerala HC (2024)

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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 N.NAGARESH

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FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

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WP(C) NO. 189 OF 2024

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PETITIONERS:

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1 CHANDRAMATHY AMMA AGED 66 YEARS, W/O. SUBRAMANIAN NADUVIL VEETIL HOUSE PADUKKAD, KOLAZHY, THRISSUR, PIN – 680010.

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2 SUJITH KUMAR AGED 43 YEARS, S/O. CHANDRAMATHY AMMA NADUVIL VEETIL HOUSE PADUKKAD, KOLAZHY, THRISSUR, PIN – 680010.

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BY ADVS. ALIAS M.CHERIAN BRISTO S PARIYARAM K.M.RAPHY MINNU DARWIN AMEERA JOJO

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RESPONDENTS:

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1 THE CHIEF MANAGER, RENCHENY BUILDING, ROUND NORTH THRISSUR, PIN – 680001.

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2 THE BRANCH MANAGER BANK OF BARODA SHAKTHAN NAGAR BRANCH THRISSUR,, PIN – 680021.

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3 A.V REMA AGED 54 YEARS W/O. E.K RAJAN ENCHAKKAL HOUSE, KOLAZHY THRISSUR, PIN – 680010.

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BY ADV.SRI.K.ANAND, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.189 of 2024

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:2:

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J U D G M E N T

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Dated this the 5^th day of January, 2024

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The 3^rd respondent is the Proprietor of a Firm. The Firm had taken a loan from the Bank. The 2^nd petitioner was an employee in the Firm of the 3^rd respondent. 2.83 Ares of land with residential building is owned by the petitioners jointly as can be seen from Ext.P1. The said property was mortgaged as a security for the loan.

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After about 13 years, the Firm went to loss and the Bank took recovery proceedings. Now, the Bank is threatening to take physical possession of the property of the petitioners. It is the only property of the petitioners and their family. The 3^rd respondent / principal debtor is not in a position to settle the liability. The liability in the loan account is much more than the

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value of the mortgaged property.

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W.P.(C) No.189 of 2024

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:3:

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The petitioners want to save their only property and

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their relatives are prepared to help the petitioners to redeem the property by paying the value of the same to the Bank. Ext.P4 representation is given to respondents 1 and 2 to release the property, by assessing its value and permitting the petitioners to pay the same. Ext.P4 representation is pending. On 19.12.2023, respondents 1 and 2 came to take physical possession of the property and have given 15 days time to the petitioners to vacate the property.

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Standing Counsel representing respondents 1 and 2 entered appearance and resisted the writ petition. On behalf of respondents 1 and 2, Standing Counsel denied all the material allegations made against respondents 1 and 2. However, it is submitted that since the petitioners have preferred Ext.P4 representation, the same can be considered by the 1^st respondent in accordance with law.

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W.P.(C) No.189 of 2024

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:4:

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Taking into consideration the facts of the case, the writ petition is disposed of directing the 1^st respondent-Chief Manager to consider Ext.P4 representation submitted by the petitioners and take appropriate decision thereon, within a period of one month. Coercive proceedings, if any shall be continued only after . considering and taking a decision on Ext.P4

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.189 of 2024

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:5:

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APPENDIX OF WP(C) 189/2024

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 14975287 DATED 12/11/2015 ISSUED FROM THE KOLAZHI VILLAGE OFFICE.

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Exhibit P2 TRUE COPY OF THE SALE NOTICE NO. DB/CZO/RML/RP/2019 THRISSUR/ALKO DATED 14/03/2019 ISSUED BY THE AUTHORIZED OFFICER/CHIEF MANAGER OF BANK OF BARODA

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Exhibit P3 TRUE COPY OF THE NOTICE DATED 31/03/2021 ISSUED BY THE ADVOCATE COMMISSIONER DHINU N.G

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Exhibit P4 TRUE COPY OF REPRESENTATION DATED 26/12/2023 ` REQUESTED THE 1ST AND 2ND RESPONDENT

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Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT NO. RL8011431449IN DATED 26/12/2023 FOR HAVING ISSUED EXT.P4/REPRESENTATION TO THE 1ST RESPONDENT

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Exhibit P6 TRUE COPY OF POSTAL RECEIPT NO. RL8011431335IN DATED 26/12/2023 FOR HAVING ISSUED EXT.P4/REPRESENTATION TO THE 2ND RESPONDENT

Chandramathy Amma v. the Chief Manager

Case brief

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What did the court decide?

Chandramathy Amma v. the Chief Manager

Case brief

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