Ajith Kumar v. The Authorised Officer
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.14578 of 2014 (V) ---------------------------- PETITIONER :
----------- AJITH KUMAR, AGED 45 YEARS, S/O. PACHU PILLAI, PACHAVANAL PUTHEN VEEDU, POOZHIKKADU, KUDASSANADU, PATHANAMTHITTA DISTRICT - 689 512, FROM LEKHA BHAVAN, PADA SOUTH, BEHIND K.S.R.T.C BUS STAND, KARUNAGAPALLY, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.
BY ADVS.SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM RESPONDENTS :
--------------
1. THE AUTHORISED OFFICER, INDIAN BANK, KARUNAGAPALLY, KARUNAGAPALLY TALUK, KOLLAM- 690 521.
2. T. SREELEKHA, D/O. THANKAMANI PILLAI, NO. 27, BEHIND LOGOS CHURCH, BABUSAPALAYA, BANGALORE - 43, FROM LEKHA BHAVAN, PADA SOUTH, BEHIND K.S.R.T.C BUS STAND, KARUNAGAPALLY, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.
R1 BY SRI.S.EASWARAN-SC R2 BY ADV. SRI.KISHOR B.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14578 of 2014 (V) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :- --------------------- EXHIBIT-P1-TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE REMITTANCE OF RS.1,00,000/- BY THE PETITIONER TO THE IST RESPONDENT BANK. EXHIBIT-P2-TRUE COPY OF THE NOTICE SENT BY THE IST RESPONDENT BANK TO THE PETITIONER REQUIRING HIM TO REMIT THE ARREARS AMOUNTING TO RS.35,000/- BY 10/09/2013.
EXHIBIT-P3-TRUE COPY OF THE POSSESSION NOTICE DATED 05/02/2014. EXHIBIT-P4-TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER REQUESTING INSTALMENT PAYMENTS.
EXHIBIT-P5-TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE IST RESPONDENT.
RESPONDENTS' EXHIBITS :- NIL.
---------------------- True copy P.A to Judge
ANIL K.NARENDRAN, J.
------------------------------------ W.P.(C)No.14578 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 possession notice issued by the 1st respondent, who is the authorised officer of the Indian Bank and also seeking a writ of mandamus commanding the 1st respondent to permit him to pay the liability outstanding in 20 equal monthly instalments and to direct the 1st respondent to regularise the loan account, as represented in Ext.P4 representation. 2.
On 23.7.2014 this Court passed the following order:- "There shall be an interim stay of dispossession, on the petitioner clearing off the arrears in 4 monthly instalments starting from 23.08.2014 and followed up on the 23rd of the succeeding months. It is made clear that, the equated monthly instalments also have to be paid by the petitioner herein on the due dates. It is made clear that, considering the controversies between the co-owners; husband and wife being the petitioner and the second respondent, payment now directed to be paid will definitely be subject to any adjudication between the parties in the appropriate forum. Await appearance of the 2nd respondent."
W.P.(C).No.14578 of 2014 3.
Though the 2nd respondent entered appearance she has not chosen to file any counter affidavit.
4.
In view of the interim order granted on 23.7.2014 by which the petitioner was permitted to clear the arrears in 4 monthly instalments commencing from 23.8.2014 and to clear the regular monthly instalments on the respective due dates no further orders are necessary in this Writ Petition.
If the petitioner had already cleared the arrears in 4 monthly instalments as directed above and continues to pay the regular monthly instalments without any default, the 1st respondent shall keep in abeyance all further proceedings pursuant to Ext.P3. On the other hand, if the petitioner has committed default in payment of any one of the instalments, it would be open to the 1st respondent to proceed further with Ext.P3 notice.
The writ petition is disposed of as above.
Sd/- ANIL K.NARENDRAN, JUDGE skj