Kerala High Court
Pradeep M.V vs Thrissur District Co-Operative Bank ... on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15007 OF 2024
PETITIONER:
PRADEEP M.V
AGED 38 YEARS
S/O. VIJAYAN, MELEVEETTIL HOUSE, UDAYUR ROAD, KANIPPAYYU
P.O, KUNNAMKULAM, THRISSUR, PIN - 680517
BY ADV DEEPAK MOHAN
RESPONDENTS:
1 THRISSUR DISTRICT CO-OPERATIVE BANK LTD
KUNNAMKULAM BRANCH, KUNNAMKULAM, THRISSUR, REPRESENTED BY
ITS BRANCH MANAGER, PIN - 680503
2 DEPUTY TAHSILDAR (REVENUE RECOVERY)
KUNNAMKUALM TALUK, TALUK OFFICE, KUNNAMKULAM, THRISSUR
DISTRICT, PIN - 680503
BY ADV SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
CO.OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15007 OF 2024
2
JUDGMENT
The petitioner has approached this Court seeking a direction to the 1st respondent to regularise the loan account by permitting him to pay the overdues in 25 equal monthly installments.
2. Today, Sri.Deepak Mohan - learned counsel for the petitioner, submitted that, pending this lis, the bank has already invited his client for discussions on the afore proposals asking to make an appropriate representation for such purpose. He submitted that, therefore, such liberty may be reserved to his client.
3. Sri.P.C.Sasidharan - the learned Standing Counsel for the respondent - Bank affirmed the afore.
WP(C) NO. 15007 OF 2024 3 In the afore circumstances, I allow this writ petition permitting the petitioner to approach the 1st respondent - Bank with an appropriate representation detailing all his claims/requests; 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, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.
Needless to say, until such time as the afore is done - provided the petitioner makes a representation in terms of the afore directions
- and the resultant order communicated to him, all further coercive recovery action against him will stand deferred, but can be taken forward thereafter, depending upon such decision, WP(C) NO. 15007 OF 2024 4 without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 15007 OF 2024 5 APPENDIX OF WP(C) 15007/2024 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF DEATH CERTIFICATE DATED 26.07.2023 ISSUED BY THE CHOVVANNUR GRAMA PANCHAYATH Exhibit P2 THE TRUE COPY]THE TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 11.12.2023 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT Exhibit P3 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 11.12.2023 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 14.02.2024 ISSUED BY THE 2ND RESPONDENT