IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3182 of 2009(D) -------------------------------------- PETITIONER(S): -------------------- M.SATHEESH, S/O.GOPALAKRISHNAN NAIR, PADMAVEETTIL, MEPARAMBATH,PANNIAMKARA,KOZHIKODE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, THOMAS JOSEPH ALIAS REJI,S/O.JOSEPH KOSHY, LEMON VILLA,C.M.C.24,CHERTHALA.P.O. BY ADV. SRI.ROY CHACKO RESPONDENT(S): ---------------------- 1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER,KERALA FINANCIAL CORPORATION,VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER,KERALA FINANCIAL CORPORATION , ALAPPUZHA. 4. SHINO DAVID, KOTTAPARAMBIL VEEDU, CHERTHALA SOUTH VILLAGE, THEKKU MURI, CHERTHALA. 5. SHELTON DAVID,KOTTAPARAMBIL VEETTIL, CHERTHALA SOUTH VILLAGE,THEKKU MURI, CHERTHALA. SRI.S.SREEKUMAR, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 3182 OF 2009 (D) ==================== Dated this the 9th day of February, 2009 J U D G M E N T Heard both sides. 2. Petitioner is represented in this proceedings by his Power of attorney holder. Petitioner was running a restaurant under the name and style “Royal Sands” in building No.24/180B of Cherthala Municipality. Respondents 4 and 5, the landlords, had mortgaged the same to the KFC and had availed of loans. It would appear that they had committed default, as a result of which the KFC proceeded against the mortgaged properties and the land and the building, where the petitioner was running the restaurant referred to above, has been taken over along with movables. Though the petitioner has a case that his movables cannot be removed, KFC, referring to the mahazar prepared, which has been duly signed by his Power of Attorney Holder, contends that the movables belonging to the original owner alone have been taken over by them. 3. Be that as it may, now the counsel for the petitioner submits that the petitioner has made a representation to respondents 1 and 2 praying that he be permitted to carry on his business in the premises taken over by the KFC. WPC 3182/09 :2 : 4. In this writ petition, he seeks a direction to the aforesaid respondents to consider the said representation and pass orders thereon. 5. If, as stated, any representation has been received from the petitioner, the 2nd respondent shall consider the same and pass orders thereon, as expeditiously as possible, at any rate within 4 weeks of receipt of a copy of this judgment. Needless to say that before final orders are passed, petitioner will also be given an opportunity to make his representations. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp