Faisala vs Special Sale Officer

Kerala High Court

Faisala vs Special Sale Officer on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 15986 OF 2024
PETITIONERS:

    1       FAISALA, AGED 53 YEARS, W/O MARAKKARKUTTY,
            ALAPPURAYIL HOUSE, MANIPURAM P.O.,
            KOZHIKODE DISTRICT, PIN - 673572.

    2       MARAKKARKUTTY, AGED 64 YEARS,
            ALAPPURAYIL HOUSE, MANIPURAM P.O.,
            KOZHIKODE DISTRICT, PIN - 673572.

            BY ADV MOHAMMED SHAFI.K


RESPONDENTS:

    1       SPECIAL SALE OFFICER
            THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK, LTD.NO D 3156, THAMARASSERY
            P.O, KOZHIKODE DISTRICT, PINTHAMARASSERY PRIMARY
            CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
            LTD.NO D 3156, THAMARASSERY P.O, KOZHIKODE DISTRICT.

    2       THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD.NO D 3156, THAMARASSERY P.O,
            KOZHIKODE DISTRICT, REPRESENTED BY ITS AUTHORISED
            OFFICER, PIN - -67357.

            BY ADV
            M.SASINDRAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15986 OF 2024
                               -2-

                        JUDGMENT

When this matter was called today, Sri.M.Sasindran - learned Standing Counsel for the respondents, submitted that the request of the petitioners for regularization of their loan accounts, which are four in number, cannot be acceded to because its terms are now over. He, however, added that, if the petitioners are interested, they can be allowed to pay off the entire loan liability in their loan accounts, which is a sum of Rs.25,14,456/-, along with all applicable charges and interest, provided they pay the same in not more than 20 equal monthly installments.

2. Sri.Mohammed Shafi K. - learned counsel for the petitioners, accepted the afore suggestion.

Taking note of the afore submissions, I WP(C) NO. 15986 OF 2024 -3- allow this writ petition, permitting the petitioners to pay off the aforementioned amount, along with all applicable charges and interest, in 20 equal monthly installments, commencing from 15.06.2024.

Needless to say, if the petitioners continue to pay as afore, all action pursuant to Exts.P1 and P2 will stand deferred; but if they default payment of any two installments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15986 OF 2024 -4- APPENDIX OF WP(C) 15986/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 16.02.2024, ISSUED BY THE SENIOR INSPECTOR/SPECIAL SALE OFFICER, THAMARASSERY PRIMARY CO-OPEARTIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK TO THE PETITIONERS EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 22.03.2024, ISSUED BY THE SPECIAL SALE OFFICER OF THE THAMARASSERY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK O THE 1ST PETITIONER