IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1290 of 2008(C)
1. K.VIJAYAN, AGED 42,
... Petitioner
2. YAMUNA, AGED 26, D/O LATE KOCHUPENNU,
Vs
1. MATTANCHERY SARVAJANIK CO-OPERATIVE
... Respondent
2. COCHIN CORPORATION,
3. VIMALA, AGED 32,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :11/02/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J
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W.P.(C).No. 1290 OF 2008
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Dated this the 11th day of February, 2008.
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J U D G M E N T
Admittedly the amount covered by the impugned recovery is below Rs.
1 Lakh. Therefore the 1st respondent acted without authority in invoking
SARFAESI Act proceedings for recovery. The impugned proceedings are
accordingly set aside.
The petitioner represents the estate of late Smt. Kochupennu, who
died on 12.8.02 while in service of Cochin Corporation. Accordingly the 2nd
respondent is directed to finalise the retirement benefits due to late Smt.
Kochupennu and make available the amount at the earliest so that the legal
representatives can liquidate the loan towards the bank and avoid distress
action against the property. If the papers are in order, release the
retirement benefits of late Smt. Kochupennu, in favour of her estates in
accordance with law, within a period of two months. The date of issuance of
such amount shall be intimated well in advance, by the 2nd respondent, to the
1st respondent, under due acknowledgment. The writ petition is ordered as
accordingly.
THOTTATHIL B. RADHAKRISHNAN
JUDGE
bkn/-