K.R.Prakash v. The Kerala Financial Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 ---------------------------- PETITIONER :

--------------------- K.R.PRAKASH S/O.RAGHAVAN, KAVUMPRAYIL HOUSE, CHITHIRAPURAM P.O., IDUKKI DISTRICT, PIN-685 565. BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T. KOTTAKKAL RESPONDENT(S) :

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

1. THE KERALA FINANCIAL CORPORATION HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 033.

2. DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, KATTAPPANA-685 508. R1 & R2 BY ADV. SRI.T.V.GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1COPY OF THE SANCTION LETTER DATED 4.5.2000. EXT.P2COPY OF THE LOAN SANCTION LETTER DATED 16.11.2001. EXT.P3COPY OF PROVISIONAL STATEMENT OF ACCOUNTS. EXT.P4COPY OF THE NOTICE DATED 28.11.2006 ISSUED BY GENERAL MANAGER, KFC.

EXT.P5COPY OF THE LETTER NO.040189010/1177/06 DATED 29.11.2006 ISSUED BY BRANCH MANAGER, KFC.

EXT.P6COPY OF THE ORDER DATED 4.4.2008 IN IA 16/2007 IN CC 35/2007 OF CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI.

EXT.P7COPY OF THE RECEIPT DATED 25.6.2008 ISSUED BY KERALA FINANCIAL CORPORATION.

EXT.P8COPY OF THE LOAN AGREEMENT DATED 11.2.2008 BETWEEN PETITIONERS AND KERALA FINANCIAL CORPORATION. EXT.P9COPY OF THE LETTER NO.L/2120/2008/L.DIS. DATED 9.7.2008 ISSUED BY DISTRICT INDUSTRIES CENTRE, IDUKKI.

EXT.P10COPY OF NOTICE OF SALE OF IMMOVABLE PROPERTY NO.I. 69/11 DATED 7.10.2011 ISSUED BY THE 4TH RESPONDENT. EXT.P11COPY OF DEMAND DRAFTS NO.207261 AND 207262 DATED 3.5.2012 ISSUED BY STATE BANK OF TRAVANCORE.

EXT.P12COPY OF THE JUDGMENT DATED 28.5.2012 IN WPC 31023/2011 OF THE HIGH COURT OF KERALA.

EXT.P13COPY OF THE PROCEEDINGS OF THE DEPUTY COLLECTOR (RR) KFC THIRUVANANTHAPURAM (NO.DYCKFC/147.2012/2488 DATED 3.10.2012. EXT.P14COPY OF CERTIFICATE NO.A4-3426/15 DATED 4.3.2015 ISSUED BY ADIMALY GRAMA PANCHAYAT.

EXT.P15COPY OF THE RECEIPT ISSUED BY DEPARTMENT OF COMMERCIAL TAXES DATED 25.5.2014.

EXT.P16COPY OF THE RECEIPT ISSUED BY DEPARTMENT OF COMMERCIAL TAXES DATED 24.10.2014.

(Contd...)

EXT.P17COPY OF NOTICE OF SALE OF IMMOVABLE PROPERTY NO.I 69/11 DATED 18.02.2015 ISSUED BY THE 4TH RESPONDENT. EXT.P18COPY OF INVOICE NO.501 DATED 3.7.2001 ISSUED BY PERIYAR BUILDING PRODUCTS.

EXT.P19COPY OF INVOICE NO.003 DATED 14.6.2004 ISSUED BY PERIYAR BUILDING PRODUCTS.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.10669 of 2015 ******************************************************* Dated this the 22nd day of May, 2015

JUDGMENT

It is submitted by the first respondent that they have already taken steps to withdraw Ext.P16. The above submission is recorded. In that view of the matter, challenge in this writ petition has become infructuous. Accordingly, the writ petition is closed leaving open all other issues. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln