Kerala High Court
Latha Kumari vs The State Of Kerala on 5 August, 2025
2025:KER:58322
W.P.(C). No.28195 of 2021 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 28195 OF 2021
PETITIONER:
LATHA KUMARI
AGED 56 YEARS
W/O. JAYAPRAKASH, KMRA 18, TC 22/583-2, OANCHIRA
VILAI, MANACAUD, THIRUVANANTHAPURAM - 695009.
BY ADVS. SHRI.N.D.PREMACHANDRAN
SRI.D.AJITHKUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, FISHERIES,
PORTS, ENVIRONMENT & INDUSTRIES (COIR & CASHEW),
MAIN BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE STATE LEVEL BANKERS' COMMITTEE (SLBC)
REPRESENTED BY DEPUTY GENERAL MANAGER, SLBC KERALA,
SLBC CELL, CANARA BANK, CIRCLE OFFICE, CANARA BANK
BUILDING, MG ROAD, THIRUVANANTHAPURAM,
PIN - 695 001.
3 TAMIL NADU MERCANTILE BANK LTD.
KOLLAM BRANCH, SNV TOWER, MAIN ROAD,
KOLLAM - 691001, REPRESENTED BY THE SENIOR MANAGER.
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4 THE AUTHORISED OFFICER
TAMIL NADU MERCANTILE BANK LTD., KOLLAM BRANCH, SNV
TOWER, MAIN ROAD, KOLLAM - 691 001.
BY ADVS.
SMT.G.LEKHA
SRI.SAJU N.A.
SMT.P.J.FLONY
SMT.UMA.G.KRISHNAN
OTHER PRESENT:
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
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W.P.(C) No.28195 of 2021
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Dated this the 5th day of August, 2025
JUDGMENT
The above writ petition has been filed seeking a direction to respondents 3 and 4 not to proceed further to sell the properties pursuant to Ext.P17 sale notice.
2. It is seen that the petitioner has approached this Court essentially for the reason that the Debts Recovery Tribunal(DRT) in Kerala is not functioning. Now that the DRT is functioning and further that no sale took place pursuant to Ext.P17, I am inclined to close this writ petition.
Accordingly the writ petition is closed granting liberty to the petitioner to seek appropriate remedy before appropriate forum, if any further proceedings are initiated.
Sd/-
VIJU ABRAHAM JUDGE sm/ 2025:KER:58322 W.P.(C). No.28195 of 2021 :4: APPENDIX OF WP(C) 28195/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF MINUTES OF MEETING HELD ON 05.12.2016 UNDER THE AUSPICES OF THE HON'BLE CHIEF MINISTER OF KERALA. Exhibit P2 TRUE COPY OF PROPOSAL SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16.01.2017.
Exhibit P3 TRUE COPY OF THE REPLY SUBMITTED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 20.1.2017.
Exhibit P4 TRUE COPY OF ENHANCED PROPOSAL DATED 25.07.2017 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER DATED 20.1.2017 TO THE 3RD RESPONDENT BANK.
Exhibit P6 TRUE COPY OF MINUTES OF THE MEETING OF THE 2ND RESPONDENT HELD ON 22.02.2018. Exhibit P7 TRUE COPY OF REQUEST FOR REVIVAL PROPOSAL SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 29.03.2018. Exhibit P8 TRUE COPY OF G.O.(RT) NO.1279/2018-ID DATED 14.11.2018.
Exhibit P9 TRUE COPY OF G.O.(RT) NO.1319/2018/ID DATED 29.11.2018.
Exhibit P10 TRUE COPY OF REPRESENTATION DATED 15.12.2018 SUBMITTED BY THE PETITIONER'S HUSBAND TO DEPUTY SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 20.03.2019 SUBMITTED BY THE PETITIONER'S HUSBAND TO DEPUTY SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. Exhibit P12 TRUE COPY OF G.O.(RT) N182/2021/ID DATED 11.02.2021.
2025:KER:58322 W.P.(C). No.28195 of 2021 :5: Exhibit P13 TRUE COPY OF MINUTES OF THE MEETINGS HELD ON 16.03.2021.
Exhibit P14 TRUE COPY OF MINUTES OF THE MEETINGS HELD ON 01.10.2021.
Exhibit P15 TRUE COPY OF MINUTES OF THE MEETINGS HELD ON 22.10.2021.
Exhibit P16 TRUE COPY OF LETTER NO.K2/12/2021-ID DATED 01.10.2021 OF THE 1ST RESPONDENT ALONG WITH THE MINUTES OF MEETING HELD ON 22.09.2021.
Exhibit P17 TRUE COPY OF NOTICE ISSUED UNDER RULE 9(6) (1) OF THE SECURITY INTEREST AND ENFORCEMENT RULES FROM THE 4TH RESPONDENT TO THE PETITIONER DATED 20.10.2021. RESPONDENT EXHIBITS Exhibit R(A) THE COPY OF GOVERNMENT ORDER NO.224/2022/ID DATED 14.3.2022. Exhibit R(B) VALUATION REPORT DATED 26.07.2021.