Kerala High Court
Preetha K.S vs Special Sales Officer on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12615 OF 2024
PETITIONERS:
1 PREETHA K.S,
AGED 46 YEARS
W/O SATHYADEVAN P.S, RESIDING AT PERINGAYIL HOUSE,
MANALUR P.O., THRISSUR, PIN - 680617
2 SATHYADEVAN P.S.,
AGED 50 YEARS
S/O SHANKUNNI, RESIDING AT PERINGAYIL HOUSE, MANALUR
P.O., THRISSUR, PIN - 680617.
BY ADVS.
O.A.NURIYA
REVATHY P. MANOHARAN
NABIL KHADER
AZHAR ASSEES
ANAND B. MENON
RESPONDENTS:
1 SPECIAL SALES OFFICER,
ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, AYYANTHOL
PANCHAYAT, THRISSUR, PIN - 680617
2 SECRETARY,
MANALUR SERVICE CO-OPERATIVE BANK NO. 31, PIN - 680617
3 JOINT REGISTRAR (GENERAL),
CO-OPERATIVE DEPARTMENT,THRISSUR, PIN - 680617
BY ADVS.
SHIBIN K F
SEBY JOSEPH(K/71/1996)
GISON ALIYAS(K/003942/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12615 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 2nd respondent
- 'Manallur Service Co-operative Bank' ("Bank" for short), submitted that if the petitioners are interested, they can be allowed to pay off the total amount in their loan account, which is a sum of Rs.26,66,509/- as of today, along with all applicable charges and interest, provided they pay Rs.5,00,000/- of it on or before 31.05.2024 and the balance in not more than 12 equal monthly installments.
2. Smt.O.A.Nuria - learned counsel for the petitioners, accepted the aforesaid suggestion to pay Rs.5,00,000/- of it on or before 31.05.2024 and the balance in 12 equal monthly installments, starting from 01.07.2024.
Taking note of the afore submissions, I WP(C) NO. 12615 OF 2024 3 allow this writ petition, permitting the petitioners to pay off Rs.5,00,000/- of the aforementioned amount on or before 31.05.2024 and the balance in 12 equal monthly installments, along with all applicable charges and interest, starting from 01.07.2024.
Needless to say, if the petitioners continue to pay as afore, all action pursuant to Exts.P4 and P5 will stand deferred; but if he defaults in payment of two installments as ordered above, all further action pursuant thereto can be taken forward, without having to obtain further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 12615 OF 2024 4 APPENDIX OF WP(C) 12615/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE AWARD DATED IN 18.02.2022 Exhibit P2 TRUE COPY OF RECEIPTS ISSUED BY MANALUR SERVICE COOPERATIVE BANK DATED 30.03.2024 Exhibit P3 TRUE COPY OF RECEIPT ISSUED BY MANALUR SERVICE COOPERATIVE BANK DATED 19.01.2024 Exhibit P4 TRUE COPY OF SALE NOTICE ISSUED BY 1ST RESPONDENT DATED 23.02.2024 Exhibit P5 TRUE COPY OF THE ADVERTISEMENT NOTICE FOR AUCTION OF THE IMMOVABLE PROPERTY DATED 22.02.2024 Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE HONOURABLE JOINT REGISTRAR (GENERAL) COOPERATIVE DEPARTMENT, THRISSUR ON 13.03.2024