Ajesh Tomy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 OP (DRT).No. 124 of 2015 (O) ----------------------------- APPEAL .NO. 15/2014 of DEBT RECOVERY TRIBUNAL, ERNAKULAM ------------------- PETITIONER :

------------------ AJESH TOMY, AGED 31 YEARS, S/O. TOMY JOSEPH, PYNADATH HOUSE, THOTTAKKATUKARA, P.O.ALUVA- 683108.

BY ADV. SRI.A.G.BASIL RESPONDENTS :

----------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM (KERALA AND LAKSHADWEEP) REPRESENTED BY ITS PRESIDING OFFICER, 8TH FLOOR KSHB BUILDING, PANAMPILLY NAGAR, KOCHI- 682036.

3. THE RECOVERY OFFICER, THE DEBTS RECOVERY TRIBUNAL ERNAKULAM(KERALA AND LAKSHADWEEP), 8TH FLOOR KSHB BUILDING, PANAMPILLY NAGAR, KOCHI- 682036.

4. CHIEF MANAGER, STATE BANK OF TRAVANCORE, ANGAMALLY BRANCH, ANGAMALLY, PIN: 683572.

5. TAHSILDAR, TALUK OFFICE, ALUVA- 683101.

6. V.G.SREEKUMAR, S/O. GOPINATHAN NAIR, VAKKELIL HOUSE, KIDANGOOR P.O. ANGAMALLY, PIN: 683572.

R BY GOVERNMENT PLEADER SMT. LILLY K.T.

R4 BY SRI.K.NARAYANAN, SC FOR SBT THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

OP (DRT).No. 124 of 2015 (O) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE PROCLAMATION OF SALE OF PROPERTY ISSUED ON 11.11.2013 BY THE DEBTS RECOVERY TRIBUNAL OFFICER PERTAINING TO THE NON-PERFORMING ASSETS PERTAINING TO THE 4TH RESPONDENT, STATE BANK OF TRAVANCORE.

EXHIBIT P2: TRUE COPY OF THE SALE ORDER CONFIRMATION DATED 02.07.2014 OF THE IMMOVABLE PROPERTY ISSUED BY THE RECOVERY OFFICER TO THE PETITIONER.

EXHIBIT P3: TRUE COPY OF THE ORDER OF DELIVERY OF THE IMMOVABLE PROPERTY DATED 02.07.2014 ISSUED BY THE RECOVERY OFFICER TO THE PETITIONER.

EXHIBIT P4: TRUE COPY OF THE NOTICE DATED 02.07.2014 ISSUED BY THE RECOVERY OFFICER TO THE SUB-REGISTRAR, ANGAMALLY. EXHIBIT P5: TRUE COPY OF THE NOTICE DATED 02.07.2014 ISSUED BY THE RECOVERY OFFICER TO THE VILLAGE OFFICER, THRUAVOOR. EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 03.07.2015 OF THIS HON'BLE COURT IN WP(C) NO. 20004/2015.

EXHIBIT P7: TRUE COPY OF THE LETTER DATED 08.09.2015 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P8: TRUE COPY OF THE APPEAL NO. 15/2014 FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- O.P.(DRT).NO.124 OF 2015 (O) ----------------------------------- Dated this the 2nd day of November, 2015

J U D G M E N T

In this original petition, the prayer of the petitioner is essentially for a direction to the Debt Recovery Tribunal [DRT], Ernakulam, to consider and pass final orders in Appeal 15/2014, pending before the said Tribunal, expeditiously, after hearing him. When the matter came up for admission, I had called for a report from the Presiding Officer, DRT, Ernakulam, as to the time required to pass orders in the aforesaid Appeal. By a report dated 27.10.2015, the Presiding Officer of the DRT, Ernakulam, has indicated that he would require six months time for passing final orders in the aforesaid Appeal. Taking note of the said report, I dispose the O.P.(DRT) by directing the DRT, Ernakulam, to consider and pass final orders in Appeal 15/2014 on or before 30.04.2016.

A.K.JAYASANKARAN NAMBIAR JUDGE prp/2/11/15