Ajithkumar vs the Manager

Ajithkumar vs The Manager

Type Court Judgment Court Kerala Decided Feb 15, 2024

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https://sooperkanoon.com/case/1285148

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Citation: sooperkanoon.com/1285148
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Feb 15, 2024
Case Number: WP(C)/894/2024
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ajithkumar

Respondent

The Manager

Excerpt

.....off by him, so as to free the property which has been offered as collateral security by the 3rd respondent, through an equitable mortgage over it.2. sri.p.v.anoop - learned standing counsel for thekerala state financial enterprises (ksfe), in response, submitted that, the total amount in the “chitty” account, as on today, is rs.4,35,741/-; and that, if the petitioner, or the 3 rd respondent, pays of the same, along with the applicable charges and interest, by the end of march, 2024, they will not stand in the way of this court directing the account to be thus closed.3. the learned counsel for the petitioner, and thelearned counsel for the 3 rd respondent, acceded to the afore suggestion. in the afore circumstances, i allow this writ petition, :3: granting liberty to the petitioner and/or the 3 rd respondent, to pay the stated outstanding amount of rs.4,35,741/-, as of today, along with all applicable charges and interest, into the “chitty” account in the name of the first among them, on or before 31.03.2024; in which event, the said account will stand closed, and the 'ksfe' will return the title documents to the 3rd respondent. i record that this has been acceded to by the petitioner also. sd/- devan ramachandran judge anm :4: appendix of wp(c) 894/2024 petitioner exhibits exhibit p1 a true copy of the judgment in wp(c). no.15321/2023 dated 09.5.2023 of this hon'ble court exhibit p2 a true copy of the receipt showing remittance of rs.1322642 dated 23.12.2023 issued by 2nd respondent exhibit p3 a true copy of sale deed number.1845/2021 executed by 3rd respondent in favour of petitioner dated respondents' exhibits : nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945 WP(C) NO. 894 OF 2024 PETITIONER: AJITHKUMAR AGED 64 YEARS S/O. SIVARAMAN NAIR, KAUSTHUBHAM AYANIVELIKULANGARA NORTH, S.V MARKET P.O, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 695073 M.AJITH (KARICODE) R.MOHANA BABU RESPONDENTS:
1 THE MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD PERUMPUZHA BRANCH SREEKRISHNA BUILDING, ELAMPALLOR VILLAGE KOLLAM DISTRICT - 691504 2 THE SPECIAL DEPUTY TAHSILDAR REVENUE RECOVERY, KSFE REGIONAL OFFICE, CHIRMAKKADA MAIN, KOLLAM DISTRICT - 691001 3 MANIJA SAJEEVE W/O.SAJEEVE KATTAZHIKATHU VEEDU, CHANDANATHOPPE P.O, KOTTAMKARA VILLAGE, KOLLAM DISTRICT, PIN - 691004 SRI.P.V.ANOOP - SC. SRI.N.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

When this matter was called today, Sri.M.Ajith - learned counsel for the petitioner, confined his plea that the respondents 1 and 2 be directed to allow his client to pay off the total outstanding in the “Chitty” account availed off by him, so as to free the property which has been offered as collateral security by the 3rd respondent, through an equitable mortgage over it.

2. Sri.P.V.Anoop - learned Standing Counsel for the

Kerala State Financial Enterprises (KSFE), in response, submitted that, the total amount in the “Chitty” account, as on today, is Rs.4,35,741/-; and that, if the petitioner, or the 3 rd respondent, pays of the same, along with the applicable charges and interest, by the end of March, 2024, they will not stand in the way of this Court directing the account to be thus closed.

3. The learned counsel for the petitioner, and the

learned counsel for the 3 rd respondent, acceded to the afore suggestion. In the afore circumstances, I allow this writ petition, :3: granting liberty to the petitioner and/or the 3 rd respondent, to pay the stated outstanding amount of Rs.4,35,741/-, as of today, along with all applicable charges and interest, into the “Chitty” account in the name of the first among them, on or before 31.03.2024; in which event, the said account will stand closed, and the 'KSFE' will return the title documents to the 3rd respondent. I record that this has been acceded to by the petitioner also. Sd/- DEVAN RAMACHANDRAN JUDGE anm :4: APPENDIX OF WP(C) 894/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WP(C). NO.15321/2023 DATED 09.5.2023 OF THIS HON'BLE COURT Exhibit P2 A TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF RS.1322642 DATED 23.12.2023 ISSUED BY 2ND RESPONDENT Exhibit P3 A TRUE COPY OF SALE DEED NUMBER.1845/2021 EXECUTED BY 3RD RESPONDENT IN FAVOUR OF PETITIONER DATED RESPONDENTS' EXHIBITS : NIL.

Same Court & Year Kerala · 2024 Same Parties Ajithkumar vs The Manager Same Subject Land Acquisition Same Judge Honourable Mr. Justice Devan Ramachandran