Disposed
Jayarajan Mohanan v. State of Kerala
Kerala HCWP(C)/31392/2023
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946 WP(C) NO. 31392 OF 2023
PETITIONERS:
1 JAYARAJAN MOHANAN AGED 44 YEARS RESIDING AT VELLOORPARAMBIL HOUSE, KALLIPADAM POST, PAZHAYANNUR, THRISSUR DISTRICT, PIN – 680587.
BY ADVS.
T.M.RAMAN KARTHA MANJU R. KARTHA SYAMA MOHAN M.S.SOUJATH REVATHY M.A. GREESHMA T.G. SNEHA BRIGIT PRINCE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
W.P.(C)No.31392 of 2023
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BY ADVS. A.D.RAVINDRA PRASAD ALEX VARGHESE A.D.CHANDRA BOSE ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.31392 of 2023
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J U D G M E N T
Dated this the 18th day of July, 2024
The petitioners have approached this Court seeking the
following reliefs:-
“i. Issue a writ of certiorari calling for the records of this case and quashing Exhibit P6 Proclamation of Auction Sale in so far as it relates to the property of the petitioners referred to as Serial No.13.
ii . Direct the to issue certified and un-edited copy of the statements of the accounts of the 1 st petitioner clearly showing the arrears of loan payable by him, within a time limit to be specified by this Hon’ble Court.
iii . Direct respondents 4 and 5 to permit the 2 nd petitioner to settle the arrears of loan referred to in Clause 13 of Ext.6 and redeem the mortgage of her property and on such settlement to return the title records of the property under mortgage to the petitioners.”
2 . Standing Counsel representing the Bank submits
that pursuant to Ext.P6, the Bank has already carried out sale
of certain items of property and does not want to proceed
W.P.(C)No.31392 of 2023
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further with any sale under Ext.P6. It is evident that the
property claimed to be of the petitioners has not been put to sale so far.
In the circumstances, the writ petition is disposed of
recording the submission made on behalf of the Bank that the
Bank is not proceeding further with Ext.P6 proclamation of
auction sale as of now.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C)No.31392 of 2023
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APPENDIX OF WP(C) 31392/2023
PETITIONER EXHIBITS
| Exhibit P1 | COPY OF | LEDG | ER REPORT OF THE |
|---|---|---|---|
| PETITIONER' FROM 31.10. |
S AC 2012 |
COUNT FOR THE PERIOD TO 31.3.2018 |
|
| Exhibit P2 | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 680487 BY THE .04.2015 AGAINST MPS 32 218 |
| Exhibit P2(a) | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 880015 BY THE .04.2015 AGAINST MPS 32 219 |
| Exhibit P2(b) | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 88015 BY THE .04.2015 AGAINST MPS 32 220 |
| Exhibit P2(c) | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 880015 BY THE .04.2015 AGAINST MPS 32 221 |
| Exhibit P2(d) | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 880015 BY THE .04.2015 AGAINST MPS 32 222 |
| Exhibit P2(e) | TRUE COPY REMITTANCE PETITIONER ADVANCE BAT |
OF OF ON 21 CH ID |
THE CHALLANS SHOWING RS. 799453 BY THE .04.2015 AGAINST MPS 32 227 |
| Exhibit P3 | TRUE COPY HON'BLE COU DT. 7.3.202 |
OF T RT IN 3 |
HE JUDGEMENT OF THIS WP(C ) NO. 24154/2022 |
| Exhibit P4 | TRUE COPY DT. 18.3 |
OF TH .2023 |
E ABOVE REPRESENTATION SUBMITTED BY THE |
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PETITIONER BEFORE THE RESPONDENT 4 AND 5
Exhibit P5 A TRUE COPY OF THE REPLY DT.19.4.2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE NOTICE OF AUCTION PUBLISHED BY THE 5TH RESPONDENT ON 17.9.2023
Exhibit P7 TRUE COPY OF THE LETTER DATED 23.09.2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT 4 AND 5
Cash Challan THE COPY OF THE CASH CHALLAN NO. 979691 DT. 30.10.2023
Exhibit P8 A TRUE COPY OF THE LETTER DT. 12.02.2024 OF THE SPECIAL SALE OFFICER
RESPONDENT EXHIBITS
Exhibit R5(a) THE TRUE COPY OF THE GAHAN NO. 840/13 DATED 04-06-2013 SIGNED BY THE 1ST PETITIONER JAYARAJAN MOHANAN AND JAYARAJAN.T. IN RESPECT OF 64.54 ARES OF LANDED PROPERTY UNDER VADAKKETHARA VILLAGE RE-SURVEY 199/3
Exhibit R5(b) THE TRUE COPY OF THE GAHAN NO. 841/13 04-06-2013 SIGNED BY THE 1ST PETITIONER JAYARAJAN MOHANAN AND JAYARAJAN.T. IN RESPECT OF 64.54 ARES OF LANDED PROPERTY UNDER VADAKKETHARA VILLAGE RESURVEY 199/3
Exhibit R5(c) THE TRUE COPY OF THE GAHAN NO.842/2013 DATED 04-06-2013 SIGNED BY THE 1ST PETITIONER JAYARAJAN MOHANAN AND JAYARAJAN.T. IN RESPECT OF 64.54 HAS OF LANDED PROPERTY UNDER VADAKKETHARA VILLAGE RE-SURVEY NO.199/3
1 issue framed by the court
Whether the auction sale proclamation relating to the petitioners' property could be quashed and the mortgage redeemed on settlement of arrears?
Jayarajan Mohanan
Sobha Hareendran
State of Kerala (Co-operative Department)
Joint Registrar of Co-operative Societies (General), Thrissur
Assistant Registrar of Co-operative Societies (General), Thrissur
Special Sale Officer, Thrissur SCB Group
N. NAGARESH
As recorded by the court registry
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