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.
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W.P.(C) NO. 3182 OF 2009 (D)
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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