IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31678 of 2008(U)
1. THE FEDERAL BANK LTD.,
... Petitioner
Vs
1. THE TAHSILDAR, TALUK OFFICE,
... Respondent
2. STATE OF KERALA, REP. BY THE
3. SRI.A.M.SADIQUE,
For Petitioner :SRI.PETER THARAKAN
For Respondent :SRI.M.PATHROSE MATHAI(SR)
The Hon'ble MR. Justice K.M.JOSEPH
Dated :11/12/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 31678 OF 2008 U
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Dated this the 11th day of December, 2008
J U D G M E N T
Heard both sides.
2. Case of the petitioner in brief is as follows.
As a collateral security to the loan availed by M/s.Star
Refineries Pvt. Ltd. and M/s.Star Agro and Wheat Roller Flour
Mills Pvt. Ltd., the 3rd respondent created an equitable
mortgage in favour of the petitioner by depositing the title deed.
The petitioner is aggrieved by the proceedings initiated at the
instance of the additional 4th respondent, namely KSIDC, to sell
the very same property for recovering all the amounts due to
the KSIDC. Case of the petitioner is that there is no jurisdiction
and the 1st respondent has not ascertained the details of the
property including the existing charge over the property. The
existing mortgage in favour of the petitioner was not
considered. Learned counsel for the additional 4th respondent
does not dispute that in the light of the mortgage created in
WPC.31678/08
: 2 :
favour of the petitioner by the 3rd respondent, it may not be open to
the additional 4th respondent to proceed against the very same
property ignoring the mortgage. In such circumstances, the writ
petition is allowed and Exts.P2 and P3 are quashed.
Sd/-
(K.M.JOSEPH, JUDGE)
aks
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P.A. TO JUDGE