IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
WP(C) NO. 14055 OF 2022
PETITIONER:
SHEEBA., AGED 35 YEARS
W/O. SHAMEER,
ENIKKAT PADEETATHIL HOUSE, EDAKULANGARA P.O.,
THODIYOOR VILLAGE, KARUNAGAPPLLY TALUK,
KOLLAM DISTRICT 690 523.
BY ADVS.
JOSEPH GEORGE
P.A.REJIMON
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD.,
EVENING BRANCH AT KARUNAGAPALLY, REPRESENTED BY
ITS BRANCH MANAGER, KARUNAGAPPALY, P.O,
KOLLAM DISTRICT 690 518.
2 THE DEPUTY GENERAL MANAGER,
KERALA STATE CO-OPERATIVE BANK LTD, REGIONAL
OFFICE, EAST FORT, THIRUVANANTHAPURAM, 695 023.
3 THE KERALA STATE CO - OPERATIVE BANK LTD.,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
P.B. NO. 6515, COBANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM 695 033.
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO - OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM 695 014.
5 SHEHANA , AGED 25 YEARS
W/O. LATE SHIHABUDHEEN, SHEHANA MANZIL,
PALLISERICKAL P.O., SASTHAMKOTTA VILLAGE,
KOLLAM DISTRICT 690 521.
ADV.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.14055 of 2022
2
ZIYAD RAHMAN A.A., J
.......................................
W.P.(C) No.14055 of 2022
................................................
Dated this the 26 th day of April, 2022
JUDGMENT
Petitioner is a different abled person having 50% disability. Petitioner is having half right over an extent of 4.44 Ares comprised in re-survey No.207/3 in Block No.13 of Thodiyoor village in Kollam district. The above mentioned property was purchased by Jameela Beevi, the mother of the petitioner, who availed a credit facility from the respondent Bank and the same has now been defaulted. Jameela Beevi died on 10.09.2021.
2. During the course of the hearing, petitioner sought for an opportunity to repay the entire overdue amount in instalments and to obtain regularisation of the loan account.
3. I have heard Sri.Joseph George, the learned counsel for the petitioner as well as Sri.P.C.Sasidharan, the learned Standing Counsel for the respondent.
4. The learned Standing Counsel, upon instructions, submitted that the total overdue amount is Rs.5,36,995/- and the WP(C) NO.14055 of 2022 3 respondent Bank is willing to accept repayment of the overdue amount in limited instalments and to regularise the loan account.
5. Considering the facts and circumstances of the case, I am of the view that this writ petition itself can be disposed of, permitting the petitioner to pay the entire overdue amount of Rs.5,36,995/- in '10' equated monthly instalments and to have the loan account regularised.
6. Accordingly, there will be a direction to the respondent-
Bank to accept repayment of the entire overdue amount of Rs.5,36,995/- along with bank charges and to regularise the loan account of the petitioner on the following conditions:
(i). The overdue amount of Rs.5,36,995/- along with bank charges shall be repaid in '10' equated monthly instalments.
(ii). The first instalment shall be paid on or before 16.05.2022 and the remaining instalments shall be paid on or before the 16th day of every succeeding month.
(iii). Petitioner shall continue to pay the regular EMI's along with the instalments directed above.
(iv). In the event of default of any one instalment, the WP(C) NO.14055 of 2022 4 respondent bank shall be entitled to proceed in accordance with law.
(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings initiated against the petitioner shall be kept in abeyance. The writ petition is disposed of.
Sd/-
ZIYAD RAHMAN A.A., JUDGE AMV/26/04/2022 WP(C) NO.14055 of 2022 5 APPENDIX OF WP(C) 14055/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF DEATH CERTIFICATE OF JAMEEL BEEVI ISSUED BY THODIYOOR GRAMA PANCHAYATH.
Exhibit P2 TRUE PHOTO COPY OF DEATH CERTIFICATE OF SHIHABUDHEEN ISSUED BY KOLLAM MUNICIPAL CORPORATION.
Exhibit P3 TRUE PHOTO COPY OF PROCEEDINGS DATED 08.02.2021 OF THE 2ND RESPONDENT. Exhibit P4 TRUE PHOTO COPY OF THE DECISION DATED 22.11.2021 OF ARBITRATOR/ SPECIAL SALE OFFICER OF KERALA STATE CO-
OPERATIVE BANK LTD.
RESPONDENTS EXHIBITS : NIL TRUE COPY