Kerala High Court
Sujatha. K. R vs The Special Sale 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. 12656 OF 2024
PETITIONER(S):
SUJATHA. K. R
AGED 61 YEARS
W/O SATHYAN, PANJAVALLY HOUSE, MANNAM DESAM, MANNAM.
P.O, NANDIKULANGARA, KOTTUVALLY VILLAGE, NORTH PARAVUR
TALUK, ERNAKULAM DISTRICT, PIN - 695013
BY ADVS.
P.S.SUJETH
M.R.REENA
RESPONDENT(S):
1 THE SPECIAL SALE OFFICER
OFFICE OF THE GANDHI SMARAKAM- SERVICE SAHAKARANA BANK
GROUP ASSISTANT REGISTRAR, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN - 683513
2 THE SECRETARY
THE PARAVUR MAHILA SAHAKARANA- SANGHAM LTD. NO. 1259,
NEAR MOOKAMBIKA TEMPLE, NORTH PARAVUR. P.O, ERNAKULAM
DISTRICT, PIN - 683513
SMT.MABLE.C.KURIAN, SR.GOVERNMENT PLEADER
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. 12656 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that the respondent - Bank be directed to allow her to pay off the overdue amount in her loan account in 20 equal monthly installments, so as to have it regularised. She submitted that she is constrained to make this request because of the financial constraints she is facing and hence being unable to make payment in lump sum.
2. The endorsements on the files of this case indicate that the petitioner has already taken out notice to the first respondent by Email and in fact, when this matter was considered by this Court on 02.04.2024, I requested the learned Government Pleader to make arrangements, through the Liaison Officer, to inform the respondent - Bank appropriately. She today confirms that this has been done.
WP(C) NO. 12656 OF 2024 3
3. It is rather distressing that the first respondent has still refused to appear before this Court. However, this cannot be a reason for this Court to refrain from passing appropriate orders.
4. In the afore circumstances, I allow this writ petition, leaving liberty to the petitioner to approach the Bank with an appropriate representation seeking any relief/claim that she may make; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the competent Authority of the said Bank, after affording her an opportunity of being heard, thus culminating in an appropriate order and necessary action thereon without any avoidable delay thereafter.
5. Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, the interim WP(C) NO. 12656 OF 2024 4 order granted by this Court on 26.03.2024 will continue to be in operation.
I, however, clarify that I have not entered into the merits of the claims of the petitioner and that they are left to be decided by the respondent - Bank appropriately.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12656 OF 2024 5 APPENDIX OF WP(C) 12656/2024 PETITIONER EXHIBITS Exhibit -P1 THE TRUE COPY OF THE SALE NOTICE DATED 21-02- 2024, ISSUED TO THE PETITIONER Exhibit -P1(a) THE TRUE COPY OF THE SALE NOTICE DATED 21-02- 2024, ISSUED TO THE DAUGHTER OF THE PETITIONER Exhibit -P2 THE TRUE COPY OF THE REPRESENTATION DATED 25- 02-2024 SENT BY THE PETITIONER