IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7^TH DAY OF OCTOBER 2024 / 15TH ASWINA, 1946 RP NO. 857 OF 2024 ARISING FROM JUDGMENT DATED 04-07-2022 IN WP(C) NO.26017 OF

2021 OF HIGH COURT OF KERALA REVIEW PETITIONER/S:

THE AUTHORIZED OFFICER PUNJAB NATIONAL BANK, IRINJALAKKUDA BRANCH, E.K.K COMPLEX, THANA, IRINJALAKKUDA, TRICHUR, PIN - 680121 BY ADVS.

C.AJITH KUMAR RAJEEVU L.G.

VARSHA S.S.

RESPONDENT/S:

1 SHEEBA KURIAKOSE AGED 55 YEARS W/O.KURIAKOSE, KAVALAKKATTCHIRAPPANATH (H), ZION VILLA, R.S ROAD, IRINJALAKKUDA, PIN - 620121

2 THE CIRCLE INSPECTOR OF POLICE IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680121 SMT. JASMINE M.M. GOVT. PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

W.P (C) No.26017/2021 was disposed of on 04-07-2022 taking note of the peculiar facts and circumstances of the case and directing that the taking of physical possession of the residential premises of the writ petitioner shall be deferred till the property is sold by the bank in the securitization proceedings or by virtue of the orders obtained from the Debts Recovery Tribunal in the pending original application. It was also made clear that once the property is sold by the respondent bank and a request is made for handing over the vacant possession of the residential building, the writ petitioner or any other person in occupation of the building shall hand over the vacant possession, failing which it is open to the authorised officer of the respondent bank to seek police assistance to obtain vacant possession. The Circle Inspector of Police, Irinjalakuda was suo motu impleaded as additional 2^nd respondent to the writ petition and it was further directed that if any application for police assistance is made, the additional 2^nd respondent will ensure such assistance given to the authorised officer of the bank. The writ petition was disposed of on 04-07-2022.

2. The review petition dated 08-8-2024 has been filed stating specifically that the continuance of the writ petitioner in the premises is driving away intending buyers and despite the best efforts, the bank has not been able to bring the property to sale. It is therefore submitted that the judgment is liable to be reviewed and the bank is to be permitted to take physical possession of the secured asset. When the review petition came up for consideration on 23-09-2024, this court passed the following order:-

“Learned counsel appearing for the 1st respondent (writ petitioner) submits that the writ petitioner is willing to deposit the amount equivalent to the value determined through valuation of the property in order to continue to have the protection of the directions issued by this Court in the judgment sought to be reviewed.

2. Learned counsel appearing for the review petitioner would submit that, the present valuation of the property is Rs.1,01,00,000/- (Rupees One Crore One lakh only) .

3. Having regard to the submission made by the review petitioner, this review petition is adjourned to be listed on 07.10.2024. It is made clear that if the amount of Rs.1,01,00,000/- (Rupees One Crore One lakh only) is not deposited by the 1^st respondent (writ petitioner) by 04.10.2024, the protection granted to the 1st respondent (the writ petitioner) in the judgment in W.P. (C.) No.26017 of 2021 will stand recalled.”

The learned counsel appearing for the bank / review petitioner would submit that though there was a submission made before this court an amount of Rs.1.01 Crore would be deposited by 04-10-2024, no such deposit has been made by the petitioner.

3. The learned counsel for the writ petitioner would submit that despite best efforts the writ petition has been unable to make any deposit before the bank. Taking the aforesaid submission into consideration, I am of the view that the writ petitioner is no longer entitled to the benefit of the judgment of this court in W.P (C) No.26017/2021