Kerala High Court

WP(C)/30534/2012 of SAJI MATTATHIL Vs THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30534 of 2012 (N) --------------------------- PETITIONER(S): ------------- 1. SAJI MATTATHIL, AGED 39 YEARS S/O.GEORGE, MATTATHIL HOUSE,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

WP(C).No. 30534 of 2012 (N)

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

PETITIONER(S):-------------

1. SAJI MATTATHIL, AGED 39 YEARS

S/O.GEORGE, MATTATHIL HOUSE, KANAKAPALLY P.O.

KASARAGOD DISTRICT.

2. JAYA SAJI

W/O.SAJI MATTATHIL, MATTATHIL HOUSE

KANAKAPALLY P.O., KASARAGOD DISTRICT.

BY ADVS.SRI.T.K.VIPINDAS

SMT.P.K.PRIYA

SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN

RESPONDENT(S):

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

1. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK KOZHIKODE REGIONAL OFFICE, KOLOMBO COMPLEX M.M.ALI ROAD, KOZHIKODE DIST.-673002. KOZHIKODE REGIONAL OFFICE, KOLOMBO COMPLEX M.M.ALI ROAD, KOZHIKODE DIST.-673002.

2. THE MANAGER KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH

R.M.APARTMENTS, THALAP, KANNUR

P.O.KANNUR, KANNUR DISTRICT-670001.

3. THE VILLAGE OFFICER BALAL, P.O.BALAL, KASARAGOD-671533. BALAL, P.O.BALAL, KASARAGOD-671533.

BY ADV. SRI.K.RAVIKUMAR, SC, KERALA STATE COOPERATIVE BANK LTD. BY SR. GOVERNMENT PLEADER SRI. GEORGE MECHERIL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30534 of 2012 (N)

APPENDIX

PETITIONER'S EXHIBITS:

P1:COPY OF THE ORDER OF STATUS QUO DATED 31.03.2009 IN SECURITISATIONAPPLICATION 160/2009 (FILED BY THE 1ST PETITIONER) ISSUED BY THE DRT.APPLICATION 160/2009 (FILED BY THE 1ST PETITIONER) ISSUED BY THE DRT.

P2:COPY OF THE ORDER OF STATUS QUO DATED 03.04.2009 IN SECURITISATIONAPPLICATION 159/2009 (FILED BY THE 2ND PETITIONER) ISSUED BY THE DEBT RECOVERY TRIBUNAL.APPLICATION 159/2009 (FILED BY THE 2ND PETITIONER) ISSUED BY THE DEBT RECOVERY TRIBUNAL.

P3:COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.11.2011 ALONG WITH POSTAL RECEIPT.THE 3RD RESPONDENT DATED 21.11.2011 ALONG WITH POSTAL RECEIPT.

P4:COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.11.2011 ALONG WITH POSTAL RECEIPT.THE 3RD RESPONDENT DATED 21.11.2011 ALONG WITH POSTAL RECEIPT.

P5:COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE2ND RESPONDENT DATED 07.01.2012.2ND RESPONDENT DATED 07.01.2012.

P6:COPY OF THE ACKNOWLEDGMENT CARD TO PROVE THE ISSUANCE OF EXHIBIT P5.P5.

RESPONDENT'S EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~~

W.P.(C) No. 30534 of 2012

~~~~~~~~~~~~~~~~~~~~~~~Dated, this the 31[st] day of December, 2012

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JUDGMENT

The petitioner has approached this Court with thefollowing prayers :

i. Issue a writ in the nature of Mandamus or any other writ,order or direction directing the respondents 1 and 2 to issuecertificates to the petitioners to the effect that thedocuments with respect to the 1[st] petitioner's propertycovered by the sale deed No. 957/04 of SRO. Balal and959/04 and the documents with respect to the 2[nd]petitioner's property covered by the sale deed No. 960/04of SRO Balal has been mortgaged to the 2[nd] respondent Bank.ii. Issue a writ in the nature of Mandamus or any other writ,order or direction directing the 3rd respondent to collect theproperty tax from the petitioners.

iii. Issue a writ in the nature of certiorari or any other writ,order of direction to the 3[rd] respondent to the effect thatthe SARFAESI proceedings initiated by the respondents 1and 2 is not a bar to collect the property tax.

iv. Allow the writ petition with cost.

v. Grant such other relief which this Hon'ble court may deemappropriate to grant in the interest of justice.

: 2 :

2. The learned counsel for the petitioner submits that

the petitioner still continues to be the owner of the propertyand it is the said property, that has been given as security inconnection with the loan availed by the petitioner from therespondent Bank. It is also a fact that a dispute is pendingbefore the DRT, Ernakulam by way of S.A Nos. 159 and 160 of2009, wherein Exts. P1 and P2 interim orders have beenpassed by the DRT. The grievance of the petitioner is that,when the petitioner approached the concerned Village Office toremit the basic tax, the third respondent refused to acceptthe same, referring to the SARFAESI proceedings and insistedto produce an enabling/clearance certificate from therespondent Bank.

3. Heard the learned standing counsel for therespondents 1 and 2 and the learned Government Pleader forthe third respondent.

4. If the insinuation made by the petitioner against thethird respondent is correct, on what basis the third respondentdirected the petitioner to obtain a certificate from the respondent Bank (who has advanced some loan), so as to remit the 'basic tax' is not known. However, when the mattertaken up for further consideration, the learned standingcounsel for the respondent Bank submits that the Bank doesnot have any objection at all in accepting the basic tax fromthe petitioner.

5. In the above circumstances, the statement made bythe learned standing counsel for the respondent Bank isrecorded. The Writ Petition is disposed of, setting thepetitioner at liberty to remit basic tax in respect of theproperty in question and the third respondent is directed toaccept the basic tax to be remitted by the petitioner in respectof the concerned property as and when the remittance ismade.

sd/

P. R. RAMACHANDRA MENON, (JUDGE)

kmd

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