Shameer K vs The Secretary

Kerala High Court

Shameer K vs The Secretary on 21 May, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 13955 OF 2020
PETITIONER:

            SHAMEER K.
            AGED 36 YEARS
            S/O.KASSIM KUNJU, KASIX MANZIL, VADAKKUMTHALA.P.O.,
            VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT.
            BY ADVS.
            BINU GEORGE
            SMT.HEMALATHA


RESPONDENTS:

    1       THE SECRETARY,
            ADHYAPAKA CO-OPERATIVE BANK LTD.NO.A 300, MALLAPPALLY
            BRANCH, PATHANAMTHITTA, PIN-689585.
    2       ADHYAPAKA CO-OPERATIVE BANK LTD.NO.A 300,
            PUTHUSSERY, MALLAPPALLY, PATHANAMTHITTA, REPRESENTED BY
            ITS SECRETARY, PIN-689585.
            BY ADVS.
            M.M.MONAYE
            M.PAUL VARGHESE
            NIRMALA P.V.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.13955 OF 2020
                                   2


                             JUDGMENT

Dated this the 21st day of May, 2024 The present writ petition has been filed by the petitioner who is a teacher in NSS Higher Secondary School, Vaipur, Mallappally, Pathanamthitta. Respondents are the Teachers' Co-operative Society and its Secretary. The petitioner had obtained four loans from the said co-operative society for an amount Rs.17,90,000/-. The present writ petition is confined to only one loan out of the four loans obtained by him from the respondent co-operative society. In the present case, the loan amount was Rs.3,00,000/-. On the date of filing of this writ petition in the year 2020, the outstanding amount against the said loan was Rs.3,45,537/-. The petitioner has not only defaulted in making repayment of the loan amount of the present writ petition, but in respect of the two other loans inasmuch as one loan account stands closed.

2. As of today, the total outstanding amount of all the running loan accounts is Rs.18,33,389/-. W.P.(C) No.13955 OF 2020 3

3. Learned counsel for the petitioner submits that the petitioner does not dispute the outstanding amount to be paid by him in respect of the three running loan accounts. But he does not have means to pay the said amount in one go and therefore, this Court may grant some facility of instalment for making payment on the outstanding loan amount. She further submits that the petitioner has been paying Rs.25,000/- per month in pursuance to the interim order granted by this Court dated 10.07.2020.

4. Learned counsel for the respondents submits that the writ petition is not maintainable. As the petitioner admits the liability and he has no willingness to make repayment, this Court should not exercise its discretionary jurisdiction to grant any relief to the petitioner.

5. During the course of hearing, this Court suggested the petitioner to make upfront payment of Rs.5,00,000/- to show his bonafide for making the payment of the loan amounts which are more than 18 W.P.(C) No.13955 OF 2020 4 lakhs as of today. Learned counsel for the petitioner submits that the petitioner does not have means to make any upfront payment and only prayer is to grant instalments.

6. When the loan amount is more than 18 lakhs and the petitioner is not willing to make any upfront payment, this Court does not find to keep this writ petition pending and therefore, the same is hereby dismissed, leaving it open to the respondent society to recover the amount due to the society from the petitioner as per the law.

With the aforesaid observation, the present writ petition stands dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE AP W.P.(C) No.13955 OF 2020 5 APPENDIX OF WP(C) 13955/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF SCAN REPORT DATED 14.12.2019.

EXHIBIT P2 A TRUE COPY OF DEMAND NOTICE DATED 1.7.2020.