IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 13036 of 2010(D) -------------------------- PETITIONER: ------------------ S.MARIMUTHU, S/O.SUNDARAM, RESIDING AT 374/3, NEAR VILLAGE OFFICE, KODUMBU, PALAKKAD DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036. 2. PUNJAB NATIONAL BANK, CHANDRA NAGAR BRANCH, PALAKKAD. 3. THE VILLAGE OFFICER, KODUMBU VILLAGE, PALAKKAD DISTRICT. ADDL.R4 IMPLEADED ------------------------------ ADDL. R4. THE TAHSILDR, CIVIL STATION, PALAKKAD, PIN 678001; IMPLEADED AS PER ORDER IN IA 12674/10 DATED 14.9.10. R 2 BY ADVS. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY R4 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13036 of 2010(D) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY SALE CERTIFICATE ISSUED IN DRC NO.647 IN OA K-53/1999 IN THE MATTER OF PUNJAB NATIONL BANK (ERSTWHILE THE NEDUNGADI BANK LTD.) VS. KERLA ENTRPRISS (MOTORS) PVT. LTD. & 8 OTHERS DATED 23.10.2008. EXT.P2. COPY OF THE REPRESENTATION DATED 15.10.2009 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3. COPY OF THE COMMUNICATION DATED 16.11.2009 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXT.P4. COPY OF THE ORDER OF DELIVERY DATED 23.11.2009 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P4(A) COPY OF THE CERTIFICATE OF SALE DATED 23.11.2009 SIGNED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P5. COPY OF THE COMMUNICATION DATED 3.12.2009 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXT.P6. COPY OF THE COMMUNICATION DATED 10.03.2010 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P7. COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE TO THE 1ST RESPONDENT VIDE REPORT DATED 15.03.2010. EXT.P8. COPY OF THE NOTICE DATED 18.03.2010 ISSUED FROM THE 1ST RESPONDENT. EXT.P9. COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE TAHSILDAR, PALAKKAD. EXT.P10. COPY OF THE CONSENT GIVEN BY MR.P.GOPINATHAN UNNITHAN RETIRED SUPERINTENDENT OF SURVEY. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13036 OF 2010 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT This writ petition is filed by the petitioner seeking the following relief in respect of sale proceedings pending before the Recovery Officer of the Debt Recovery Tribunal, Ernakulam: “(i) Direct the 1st respondent to revise Exhibit-P4 order of deliver and Exhibit.P4(a) certificate of sale by incorporating the details of property shown in Exhibit.P7 report by the 3rd respondent.” In this writ petition, this Court passed the following interim orders; on 8.6.2011, “GP submitted that, steps for survey and demarcation of the property is being pursued on the basis of the directions contained in the interim order dated 12.4.11. He is directed to file a statement enumerating the report regarding the action taken in this regard.” 1.8.2011, “A statement has been filed on behalf of the 4th respondent to the effect that the property has been identified but the boundaries do not tally with Ext.P9 notice of the Recovery Officer of the Debt Recovery Tribunal. The Tahsildar concerned shall produce the statement before the Recovery Officer of the DRT and the W.P.(C)No.13036/10 2 Recovery Officer shall pass orders after considering the statement so filed within a period of two weeks from the date of receipt of the statement. The statement shall be produced before the DRT by the Tahsildar within one week. Post after three weeks.” 22.9.2011, “The Debt Recovery Tribunal has intimated the Registrar of this Court that further proceedings could not be taken as directed by this Court since the Tahsildar has not filed statement before the Recovery Officer regarding the identification of the property. The Govt. Pleader shall get instructions on the same. Post after a week.” and on 30.9.2011; “The learned Govt. Pleader submits that there was some delay on the part of the Tahsildar in complying with the orders of this Court. He submits that a petition has been filed seeking condonation of delay. If the statement of the Tahsildar has already reached the Recovery Officer of the Tribunal, he shall take further action in accordance with the orders of this Court. Post after two weeks.” It is now submitted before me that the Tahsildar has already submitted his report before the Recovery Officer of the Debt Recovery Tribunal on 27.9.2011. In the above circumstances, this writ petition is disposed of with a direction to the Recovery Officer to take proceedings pursuant to the report of the Tahsildar and take it to its logical W.P.(C)No.13036/10 3 conclusion as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. While passing further orders, the Recovery Officer shall consider the contentions of the bank as well as the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13036/10 4