IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 983 of 2008(P) ------------------------------------ PETITIONER: ------------------- UNION BANK OF INDIA, CHALAI BAZAR BRANCH, CHALAI P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER. BY ADV. SRI.A.S.P.KURUP, SC, UBI. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM TALUK. 3. THE VILLAGE OFFICER, NEMOM VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM. 4. SRI.K.A.ASHRAF, TOUCHSTONE MANER, MATHRUBHUMI ROAD, VANCHIYOOR, THIRUVANANTHAPURAM-35. 5. SRI.K.N.SAJITH, T.C.51/60, JOS COTTAGE, KAIMANAM, PAPPANAMCODE PO, THIRUVANANTHAPURAM-18. 6. SRI.REJI MATHEW, OOTTUKATTAM THOTTIYIL HOUSE, KOTTACHIRA, ETTUMANOOR, KOTTAYAM DISTRICT, PIN-686 572. BY GOVT. PLEADER SRI. M.R. SABU, ADV. SRI.E.R.VENKATESWARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008,ALONG WITH W.P.(C). NO. 3584/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.983/2008-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE POSSESSION NOTICE DT. 15/02/2006 AFFIXED BY PETITIONER. EXT.P.2: COPY OF THE REGD. NOTICE NO. ROT:CRLD:2143 DTD. 29/05/2006 ISSUED TO LATE MARIYAM BEEVI. EXT.P.3: COPY OF THE PETITION DTD. 08/08/2006 GIVEN BY PETITIONER TO THE R.1. EXT.P.4: COPY OF THE ORDER NO. L. DIS. 54779/2006/S9 DTD. 17/08/2006 ISSUED BY R.1. EXT.P.5: COPY OF THE JUDGMENT DT. 14/12/2006 PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO. 27966/06. EXT.P.6: COPY OF THE JUDGMENT DTD. 02/07/2007 PASSED BY THIS HONOURABLE COURT IN C.C.C. NO. 972/2007. EXT.P.7: COPY OF THE LETTER DTD. 31/07/2007 GIVEN BY THE PETITIONER TO R.1. EXT.P.8: COPY OF THE LETTER DTD. 15/09/2007 ISSUED BY PETITIONER TO R.1. EXT.P.9; COPY OF THE LETTER DTD. 20/11/2007 GIVEN BY PETITIONER TO R.1. EXT.P.10: COPY OF THE JUDGMENT DTD. 30/10/2007 PASSED BY THIS HONOURABLE COURT IN W.P.(C). 26575/07. EXT.P.11: COPY OF THE LETTER DTD. 22/11/2007 GIVEN BY PETITIONER TO R.1. EXT.P.12: COPY OF THE ORDER DTD. 03/12/2007 ISSUED BY R.1. TO R.2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 983 & 3584 of 2008 ------------------------------------- Dated: February 20, 2008 JUDGMENT In a proceedings initiated by the Union Bank of India against respondents 4 and 5 in WP(C) 983/2008, the mortgaged property was sold and the petitioner in WP(C) 3584/08 is the purchaser. The steps initiated by the bank was the subject matter of several writ petitions and the judgments rendered by this court are Exts.P1 and P2. It is submitted that subsequent to Ext.P2, the District Collector passed an order under sec.14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 3.12.2007. Even after that possession was not taken over on the strength of the order and in view of this, these writ petitions have been filed by both the bank as also the purchaser of the property praying for directing the District Collector to take physical possession of the property sold and to give possession within a time frame. 2. Now that the proceedings initiated by the bank have become final and even an order under sec.14 of the Act has been WP(C) 983 & 3584 of 2008 Page numbers passed, it is necessary that the purchaser of the property who has deposited Rs.16 lakhs in full satisfaction of the sale consideration, is given delivery of the property. It is in order to enable the authorities to do so that an order under sec.14 has been passed. In view of this, I direct that the 3rd respondent shall take necessary action to take physical possession of the property sold to the petitioner and give possession. This shall be done as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE mt/-