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Kerala High Court

Sanil Kumar N.K vs Kerala Financial Corporation (Kfc) on 3 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

WP(C) No.13736/2024                         1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
            Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
                              WP(C) NO. 13736 OF 2024
   PETITIONERS:

      1. SANIL KUMAR N.K., AGED 35 YEARS, S/O MURALI N.K., SANIL NIVAS HOUSE,
         MADAPPALLY COLLEGE P.O, ONCHIYAM VILLAGE, URALUNGAL AMSOM,
         VELLIKKULANGARA DESOM, VADAKARA TALUK, KOZHIKKODE DISTRICT, PIN -
         673012.
      2. SARITHA N.K., AGED 37 YEARS, D/O MURALI N.K, SANIL NIVAS HOUSE,
         MADAPPALLY COLLEGE P.O, ONCHIYAM VILLAGE, URALUNGAL AMSOM,
         VELLIKKULANGARA DESOM, VADAKARA TALUK, KOZHIKKODE DISTRICT, PIN -
         673012.
      3. MURALI N.K., AGED 70 YEARS, SANIL NIVAS HOUSE, MADAPPALLY COLLEGE
         P.O, ONCHIYAM VILLAGE, URALUNGAL AMSOM, VELLIKKULANGARA DESOM,
         VADAKARA TALUK, KOZHIKKODE DISTRICT, PIN - 673012.

   RESPONDENTS:

      1. KERALA FINANCIAL CORPORATION (KFC), FIRST FLOOR, GRACE BUILDING,
         VIKAS BHAVAN P.O., KANAKA NAGAR, VELLAYAMBALAM, THIRUVANATHAPURAM
         DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 695033.
      2. MANAGER, KERALA FINANCIAL CORPORATION, FIRST FLOOR, GRACE BUILDING,
         VIKAS BHAVAN P.O., KANAKA NAGAR, VELLAYAMBALAM, THIRUVANATHAPURAM
         DISTRICT, PIN - 695033.
      3. KERALA FINANCIAL CORPORATION, KOZHIKKODE BRANCH OFFICE, MANUELSONS
         BUILDING, GH ROAD, KOZHIKKODE DISTRICT, REPRESENTED BY ITS BRANCH
         MANAGER, PIN - 673001.
      4. BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KOZHIKKODE BRANCH
         OFFICE, MANUELSONS BUILDING, GH ROAD, KOZHIKKODE DISTRICT, PIN -
         673001.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to stop further proceedings of Exhibit-
   P4 notice of attachment of immovable property and the proceedings under
   the Kerala Revenue Recovery Act 1968, if any initiated against the
   petitioners, the till the final disposal of the writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/s. K.MOHAMMED RAFEEQ, BIBIN MATHEW, P.M.MATHEW, AMARNATH R LAL, SANALDEV
   E.P., VISHNUMAYA ANANDAN, SONYMON ANTONY and AJMAL V. KARIM, Advocates for
   the petitioners, the court passed the following:
 WP(C) No.13736/2024                           2/2

                                         ORDER

Sri. M.R.Venugopal for KFC seeks time to obtain instructions.

List on 08.04.2024; until which time, coercive steps for recovery against the petitioner will stand deferred.

Sd/- DEVAN RAMACHANDRAN, JUDGE Exhibit-P4 TRUE COPY OF THE NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY DATED 19.10.2017 ISSUED BY THE DEPUTY TAHSILDAR, KERALA FINANCIAL CORPORATION 03-04-2024 /True Copy/ Assistant Registrar