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2021 Supreme(Ker) 164

N.NAGARESH
Cheriyan J. Puthiyadam, S/o. John – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.TONY GEORGE KANNANTHANAM, SRI.THOMAS GEORGE
For the Respondent: SMT.R.BINDU, SRI.K.S.CHACKOCHAN, SRI.HARISH GOPINATH, SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.K.KURIAN KOSHY, SRI.P.R.MILTON, SMT.A.V.PRIYA, SMT.PREETHY R. NAIR, SRI.M.RAMASWAMY PILLAI, SRI.SANIL KUNJACHAN, SRI.GEORGE VARGHESE, SC, M.L. SAJEEVAN

JUDGMENT :

The petitioner is before this Court seeking to quash Exts.P15 and P21 proceedings of the 8th and 1st respondents respectively and to command the 1st respondent and its instrumentalities including respondents 2 to 4 not to interfere with the free possession and enjoyment of the property of the petitioner purchased as per Ext.P9 deed from the 5th respondent and cultivated with rubber and pineapple.

2. Events leading to the filing of this writ petition, chronologically, are as follows:-

    The Rubber Board granted to the 6th respondent Ext.P1 Dealers licence dated 20.02.1985. On 02.01.1986, the 6th respondent gave a Power of Attorney to the 7th respondent to carry out certain transactions under the licence. At that time, the 7th respondent was indebted to the 5th respondent-South Indian Bank in his personal capacity. The 5th respondent-Bank had filed OS No.403/1986 in the Principal Sub Court, Kottayam, against the 7th respondent in the year 1986.

3. The Rubber Board cancelled the licence issued to the 6th respondent on 09.01.1987 as per Ext.P2, with effect from 15.01.1987. Subsequently, the Rubber Board, as per Ext.P3, granted Dealers licence to the 6th respondent again on 12.04.

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