PARENT TEACHER ASSOCIATION OF Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) This Writ petition has been filed for issuance of a Writ of Certiorari to quash the sale notice dtd. 18/2/2019 published in the English Daily "The Hindu" on 23/2/2019 in respect of properties described as item Nos.1 to 5 measuring 75 cents of land and college building in Old survey No.2149, A, C and E (R.S.No.445/7), 65 cents of land and school building in Old survey No.2149, A, C and E (R.S.NO.445/7), 1 Acre of land with school playground in Old Survey No.2149, A, C and E (R.S.No. 445/7), 1 Acre 4 cents of agricultural land in Old survey No.2147, R.S.No. 445/5 and 1 Acre and 57 cents of land and building in Old survey No. 34551, 3455J and 3450 B, A, C and E (R.S.No.230/1) situated at Edaicode, Vilavancode taluk, Kanyakumari District.

(2.) The petitioner is the Parent Teacher Association of Holy Trinity International Society. The second respondent is the Trust running the Holy Trinity College of Education since 2007-2008 and the Holy Trinity International School since 2015-2016. For the construction of the School and College building, the trust has availed three loans to the tune of Rs.7,48,50,000.00 and as a security the second respondent has mortgaged 75 cents of land and the college building, the 65 cents of land and school building, 1 Acre of land with school playground, 1 Acre 4 Cents of agricultural land and 1 Acre and 57 cents of land and building. Though the suit property stand in the name of the third respondent, the properties were leased to the School and the College by the third respondent and another 1 Acre 57 Cents in old survey no.3455I, 3455J, 3455B, R.S.No. 230/1 is an agricultural land. The above said properties were given as security by the respondents 2 and 3 to the first respondent Bank by way of equitable mortgage.

(3.) The second respondent could not repay the agreed monthly instalments and there was some default in payment of loan. The first respondent Bank initiated proceedings under SARFAESI Act and notice was served to the second respondent Trust and another notice was served to the third respondent that the possession of mortgage assets was taken under Sec. 14 of SARFAESI Act. The sale notice dtd. 18/2/2019 was issued by the first respondent Bank. The College and School are being run in a peaceful manner in the said properties. If the physical possession of the building is taken from the Trust, the children of the School and College will be affected. Therefore, the petitioner filed W.P.(MD)No.1296 of 2019 and challenged the same and as there is no bidder on the scheduled date, the writ petition was dismissed. The first respondent issued a fresh sale notice on 18/2/2019 fixing the date of auction on 29/3/2019. Hence, the petitioner filed this Writ petition.