Vijayan K. v. The Authorized Officer, Federal Bank Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No.12558 of 2014 (T) ---------------------------- PETITIONER :- ----------- VIJAYAN K., AGED 58 YEARS, S/O.KESAVAN, VIJESH BHAVAN, KUNNUMMEL.P.O., THAKAZHI, ALAPPUZHA DISTRICT, PIN-688 562.

BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA V.

SMT.T.J.SEEMA RESPONDENTS :- --------------

1. THE AUTHORIZED OFFICER, FEDERAL BANK LTD., REGIONAL OFFICE, ALAPPUZHA-688 001.

2. THE BRANCH MANAGER, THE FEDERAL BANK LTD., THAKAZHI-688 562.

R2 BY SRI.A.ANTONY- SC - FEDERAL BANK R2 BY ADV. SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12558 of 2014 (T) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :- ---------------------- P1- A TRUE COPY OF THE CERTIFICATE ISSUED BY THE T.D.MEDICAL COLLEGE, ALAPPUZHA, DATED 08.03.2010.

P2- A TRUE COPY OF THE CERTIFICATE ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCE, DATED 26.03.2010.

P3- A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT, DATED 20.03.2014.

RESPONDENTS' EXHIBITS :- NIL.

----------------------- True copy P.A to Judge

ANIL K.NARENDRAN, J.

------------------------------------ W.P.(C)No.12558 of 2014 ---------------------------------------- Dated this the 6th day of October, 2015

JUDGMENT

The petitioner has filed this writ petition seeking a writ of certiorari to quash Ext.P3 notice issued by the 1st respondent Bank dated 20.3.2014 taking possession of the property in question and seeking a writ of mandamus commanding the respondents to permit the petitioner to clear the outstanding liability in 20 monthly instalments. 2.

By order dated 16.5.2014 this Court granted an interim order of stay on condition that the petitioner shall deposit an amount of 30,000/- within a period of one month.

₹ 3.

Today, when the case was taken up for final hearing, the learned Standing Counsel for the respondent Bank would submit that the petitioner has already cleared the liability in respect of the loan transaction in question and the loan account has also been closed. In such circumstances, nothing survives in this writ petition and the writ petition is dismissed.

Sd/- ANIL K.NARENDRAN, JUDGE skj True copy P.A to Judge