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The Authorized Officer vs Anas Y @ Anas Yoosuf Kunju on 31 March, 2026

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Anil K. Narendran, J.

SPONSORED

W.A.No.604 of 2026 is one filed by respondents 1 and 2 in

W.P.(C)No.47710 of 2025, invoking the provisions under Section

5(i) of the Kerala High Court Act, 1958, challenging the interim

order dated 05.03.2026 of the learned Single Judge in I.A.No.1 of

2026 in that writ petition. The 1st respondent herein filed the said

writ petition, invoking the extraordinary jurisdiction of this Court

under Article 226 of the Constitution of India, seeking a writ of

mandamus commanding respondents 1 and 2 therein (appellants

in W.A.No.604 of 2026) not to proceed based on Ext.P2 possession

notice dated 10.07.2023, Ext.P8 order dated 26.11.2025 of the

Chief Judicial Magistrate Court, Kollam in M.C.No.1689 of 2025

and Ext.P12 notice dated 03.12.2025 issued by the Advocate

Commissioner appointed in M.C.No.1689 of 2025, against the

petitioner’s property having an extent of 3.75 Ares comprised in

Survey No.298/11 in Block No.15 of Thevalakkara Village of

Karunagappally Taluk and 5.64 Ares in Re.Sy.No.5/2 and 5/3 in

Block No.167 of Kollam East Village of Kollam Taluk in Kollam

District, under the provisions of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

2026:KER:29110

Interest Act, 2002 (‘SARFAESI’ Act); a writ of certiorari quashing

Ext.P8 order dated 26.11.2025 of the Chief Judicial Magistrate

Court, Kollam in M.C.No.1689 of 2025; a writ of mandamus

commanding respondents 1 and 2 therein to allow the petitioner

to remit the dues as on date, in fair and equal instalments; a writ

of mandamus commanding respondents 1 and 2 therein to allow

the petitioner to settle the entire loan by One Time Settlement, by

excluding penal interest; and a writ of mandamus commanding

respondents 1 and 2 therein to reconsider and reduce the penal

interest and interest rate in respect of the loan transactions

referred to in paragraph No.2 of the writ petition.



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