Kerala High Court
Shahina Shanavas vs The Canara Bank on 19 August, 2025
WP(C) NOs. 30779 & 17984 OF 2025
1
2025:KER:62376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 30779 OF 2025
PETITIONER:
SHAHINA SHANAVAS,
AGED 29 YEARS
W/O SHANAVAS KUNNATH, RESIDING AT KUNNATH,
PURAMERI, KOZHIKODE, VADAKARA, PIN - 673503
BY ADVS.
SMT.M.B.SHYNI
SHRI.ELDHOSE JOY
SHRI.V.R.ANILKUMAR
SHRI.SARAFUDHEEN T.
SMT.VISHNUJA BIJU
SHRI.AMARJITH VADUVANKUTY
SMT.NIHALA AHAMMED KABEER K.
RESPONDENTS:
1 THE CANARA BANK,
REP BY BRANCH MANAGER, KOXZHIKODE BRANCH,
KOZHIKO0DE, PIN - 673001
2 THE BRANCH MANAGER,
THE CANARA BANK. KOZHIKODE BRANCH,
KOZHIKO0DE, PIN - 673001
3 THE AUTHORIZED OFFICER,
THE CANARA BANK. FOURA BUILDING,
NEAR RUCHI BHAVAN, MAVOOR ROAD,
KOZHIKODE, PIN - 673001
OTHER PRESENT:
SRI. M. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.08.2025, ALONG WITH WP(C).17984/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOs. 30779 & 17984 OF 2025
2
2025:KER:62376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 17984 OF 2025
PETITIONER:
SHAHINA SHANAVAS,
AGED 29 YEARS
W/O SHANAVAS KUNNATH, KUNNATH HOUSE,
PURAMERI, VTC: PURAMERI P.O, VADAKARA,
KOZHIKODE, PIN - 673503
BY ADV SMT.KRISHNAPRIYA PRASAD
RESPONDENTS:
1 CANARA BANK,
COURT ROAD, CHEROOTY RD, KOZHIKODE,
KERALA REPRESENTED BY ITS AUTHORISED OFFICER,
PIN - 673001
2 AUTHORISED OFFICER,
CANARA BANK RECOVERY AND LEGAL SECTION,
REGIONAL OFFICE, REGIONAL OFFICE BLDG,
TALISAMOOHAM ROAD, CHALAPPURAM,
KOZHIKODE, KERALA.
REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 673002
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.08.2025, ALONG WITH WP(C).30779/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOs. 30779 & 17984 OF 2025
3
2025:KER:62376
JUDGMENT
The petitioner had filed W.P(C) No.17984 of 2025 in which an interim order was granted on 09.05.2025, and the same was not complied with. Supressing the filing and the pendency of the said writ petition, W.P.(C) No.30779 of 2025 has been filed. The second writ petition is nothing, but an abuse of process of the court. Accordingly, these writ petitions are dismissed with a cost of Rs.5,000/- (Rupees five thousand only) to be paid by the petitioner within two weeks from today to the Kerala State Mediation and Conciliation Centre.
Sd/-
MOHAMMED NIAS C.P. JUDGE LU WP(C) NOs. 30779 & 17984 OF 2025 4 2025:KER:62376 APPENDIX OF WP(C) 17984/2025 PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF STATEMENT OF ACCOUNT FROM 01/01/24 TO 09/12/2024 EXHIBIT P2 A TRUE COPY OF POSSESSION NOTICE U/S 13(4) ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 A TRUE COPY OF NOTICE DATED 25/04/2025 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE IN CMP 792/2025 IN CMP NO. 687/2025 WP(C) NOs. 30779 & 17984 OF 2025 5 2025:KER:62376 APPENDIX OF WP(C) 30779/2025 PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE SALE NOTICE DATED 01/08/2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER // True Copy // PA To Judge