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2026 Supreme(Online)(Ker) 14358

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
JOSE VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 182 OF 2019



Advocates:
For the Appellants/Petitioners: SHRI.RENNY AUGUSTINE
For the Respondents: SRI.ARUN ANTONY, SC, KSFE LTD., SMT.S.LAKSHMY, SRI.JIMMY GEORGE

Timely consideration of representations in civil matters ensures adherence to procedural justice.

Headnote:Under the provisions relating to insurance, the petitioner holds policy No.774208387 as security due to a default by the 4th respondent in a chitty transaction. The petitioner seeks direction for consideration of his representation (Ext.P3) before the 2nd respondent. The Court decides on the limited relief, dispensing notice to the 4th respondent and directing the 2nd respondent to consider Ext.P3 within three months. The court emphasizes the timely action upon receipt of this judgment.

Table of Content
1. the petitioner's claim relates to the retention of the insurance policy due to default in a financial transaction. (Para 1 , 2)

JUDGMENT

Dated this the 24th day of February, 2026 The writ petition is filed by the petitioner, who is the holder of an insurance policy bearing No.774208387, as evidenced by Ext.P1. The said policy was offered by the petitioner to the 3rd respondent as security in respect of a chitty transaction subscribed by the 4th respondent. On default committed by the 4th respondent, the 3rd respondent initiated proceedings against both the petitioner and the 4th respondent and retained the policy in their custody for realization of the amount.

2. It is the contention of the petitioner that, apart from the said policy, the 4th respondent had also o title deeds of property worth more than one crore rupees as security. However, it is seen that notice to the 4th respondent has not yet been served. In the circumstances, the learned counsel appearing for the petitioner submits that the petitioner would be satisfied if a direction is issued to consider the representation submitted before the 2nd respondent on

28.12.2018 (Ext.P3).

Taking note of the limited relief sought, I deem it appropriate that notice to the 4th respondent is dispensed with. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3, if the same is available on record, and if not, to communicate the same to the petitioner. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2nd respondent. The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this judgment.

Sd/-

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