High Court Kerala High Court

M.Satheesh vs The Managing Director on 9 February, 2009

Kerala High Court
M.Satheesh vs The Managing Director on 9 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3182 of 2009(D)


1. M.SATHEESH, S/O.GOPALAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR, KERALA FINANCIAL
                       ...       Respondent

2. THE GENERAL MANAGER,KERALA FINANCIAL

3. THE BRANCH MANAGER,KERALA FINANCIAL

4. SHINO DAVID, KOTTAPARAMBIL VEEDU,

5. SHELTON DAVID,KOTTAPARAMBIL VEETTIL,

                For Petitioner  :SRI.ROY CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/02/2009

 O R D E R
                          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