LAWS(KER)-2020-9-297

VASANTHAKUMARI Vs. AUTHORIZED OFFICER

Decided On September 24, 2020
VASANTHAKUMARI Appellant
V/S
AUTHORIZED OFFICER Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment dated 6.3.2020 of the learned single Judge in W.P.(C)No.5235 of 2020, instant writ appeal is filed.

(2.) Short facts leading to the filing of the writ petition are that, the petitioner along with her son S.Ratheesh have availed a loan from the Neyyattinkara Co-operative Urban Bank Ltd. by giving a valuable property as security. When the petitioner committed default, the respondent Bank has issued Ext.P1 sale notice informing the petitioner that the sale will take place on 28.2.2020. According to the writ petitioner, a clear 30 days notice as enjoined under the relevant rules has not been given. Moreover, there is no mention about the upset price purported to have been fixed. According to the petitioner, the Bank has the jurisdiction only to sell the required quantum of property and it has no jurisdiction to sell the entire property. Based on the above, the writ petition was filed seeking the following reliefs:

(3.) After hearing the learned counsel for the parties, the writ court disposed of the writ petition by observing thus: