Muhammedkunhi K.K vs Senior Inspector/Special Sale Officer

Kerala High Court

Muhammedkunhi K.K vs Senior Inspector/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. 35699 OF 2022
PETITIONER:

              MUHAMMEDKUNHI K.K.,
              AGED 60 YEARS
              SON OF ABOOBACKER, FATHIMA VILLA, KOTTAKKULAM,
              MANIKOTH.P.O, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD
              DISTRICT. 671329.
              BY ADVS.
              A.ARUNKUMAR
              HEERAKRISHNA T.H.
              SACHIN GEORGE ARAMBAN


RESPONDENTS:

     1        SENIOR INSPECTOR/SPECIAL SALE OFFICER,
              THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD NO.S.390, KANHANGAD.P.O, HOSDURG
              TALUK, KASARAGOD DISTRICT. 671315.
     2        THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD.,REPRESENTED BY ITS BRANCH MANAGER,
              KANHANGAD BRANCH, P.O.KANHANGAD, HOSDURG TALUK, KASARGOD
              DISTRICT - 671315



              SRI ARJUN RAGHAVAN-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. 35699 OF 2022
                                          2

                                    JUDGMENT

When this matter was called today, Sri.Arjun Raghavan - learned Standing Counsel for the respondent - Bank, submitted that, the total outstanding in three loan accounts of the petitioner, as on 21.05.2024, is Rs.20,29,462/-. He added that Rs.2,00,000/- as ordered by this Court in the interim order has not been paid and therefore that it is only if the petitioner remits the total amount in not more than 15 installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

2. Sri.A.Arunkumar. - learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

3. In the afore circumstances, I allow this WP(C) NO. 35699 OF 2022 3 writ petition, granting liberty to the petitioner to pay Rs.20,29,462/-, along with all applicable charges and interest, in 15 equal monthly installments, commencing from 15.06.2024.

Needless to say, if the petitioner makes default on payment of two installments as ordered above, further recovery action as per law can be taken forward, without having to obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 35699 OF 2022 4 APPENDIX OF WP(C) 35699/2022 PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 29-09- 2022 ISSUED BY THE 1ST RESPONDENT.