Kerala High Court
Faseela C.M vs State Of Kerala Rep. By Its Secretary To ... on 1 July, 2025
Author: K. Babu
Bench: K. Babu
W.P.(C) No.2555 of 2025
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2025:KER:48042
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 2555 OF 2025
PETITIONER/S:
1 FASEELA C.M.
AGED 50 YEARS
W/O MUHAMMED ARAKKAL, ARAKKAL HOUSE, PARAMBIL
PEEDIKA POST, MALAPPURAM, PIN - 676317
2 MUHAMMED NAVAS A.
AGED 34 YEARS
S/O MUHAMMED ARAKKAL, CHATHRACHAM HOUSE,
PARAMBIL PEEDIKA POST, MALAPPURAM, PIN - 676317
BY ADVS.
SHRI.THAREEQ ANVER
KUM.K.SALMA JENNATH
SRI.ARUN CHAND
SHRI.RASSAL JANARDHANAN A.
RESPONDENT/S:
1 STATE OF KERALA REP. BY ITS SECRETARY TO THE
GOVERNMENT
CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM, PIN
- 695001
2 JOINT REGISTRAR AND SECRETARY, KERALA CO-
OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD
W.P.(C) No.2555 of 2025
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2025:KER:48042
REGIONAL OFFICE - KOZHIKODE, VIKAS BUILDING,
RAILWAY STATION LINK ROAD, KOZHIKODE, PIN -
673002
3 MANJERI CO-OPERATIVE URBAN BANK LTD., REP. BY
ITS BRANCH MANAGER
CALICUT UNIVERSITY BRANCH, THENHIPPALAM POST,
MALAPPURAM, PIN - 673636
4 GENERAL MANAGER, MANJERI CO-OPERATIVE URBAN BANK
LTD.
COURT ROAD, MANJERI POST, MALAPPURAM, PIN -
676121
5 BOARD OF DIRECTORS, MANJERI CO-OPERATIVE URBAN
BANK LTD.
REP. BY ITS CHAIRMAN, COURT ROAD, MANJERI POST,
MALAPPURAM, PIN - 676121
6 AUTHORISED OFFICER, MANJERI CO-OPERATIVE URBAN
BANK LTD.
REP. BY ITS CHAIRMAN, COURT ROAD, MANJERI POST,
MALAPPURAM, PIN - 676121
BY GOVERNMENT PLEADER SMT RESMI THOMAS
BY ADV SHRI.K.VIDYASAGAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2555 of 2025
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2025:KER:48042
K.BABU, J.
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W.P.(C) No.2555 of 2025
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Dated this the 1st day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
A. Issue a writ of mandamus or any other writ, order or direction to the 3rd respondent to permit 1st petitioner to pay Rs.40,84,014/- (Forty Lakhs Eighty Four Thousand and Fourteen Rupees only) in full satisfaction of the amount due on loan that was availed by the husband of the 1st petitioner;
B. Issue a writ of certiorari or any other writ, order or direction to the 3rd respondent to discontinue all proceedings against the estate of the 1st petitioner's husband;
C. Dispense with the production of English translations of Malayalam Exhibits produced herewith; and D. Pass any other orders as this Hon'ble Court may deem fit in the circumstances of the case. W.P.(C) No.2555 of 2025
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2025:KER:48042
2. Heard both sides.
3. The learned counsel for the petitioners confined the relief to a direction to the respondent society to consider an application requesting to settle the liability in a One Time Settlement scheme.
4. The competent authority of the respondent society is directed to consider the request for One Time Settlement, if submitted by the petitioner within two weeks from today, and to take a decision on the same, in accordance with law, within two months from the date of its receipt.
5. Coercive proceedings, if any, initiated against the petitioners shall be kept in abeyance, during the pendency of the application seeking One Time Settlement.
The Writ Petition is disposed of as above.
Sd/-
K.BABU JUDGE kkj W.P.(C) No.2555 of 2025 ..5..
2025:KER:48042 APPENDIX OF WP(C) 2555/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEATH CERTIFICATE BEARING NO.D0061248-2105171 DATED 20/01/2025 Exhibit P2 THE TRUE COPY OF THE RESOLUTION DATED 23/09/2021 BEARING NO.13 OF THE 5TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER ON 01/01/2025 Exhibit P4 THE TRUE COPY OF RELEVANT PAGES OF CIRCULAR DATED 13/08/2021 BEARING NO.32/2021 ISSUED BY THE ASST. REGISTRAR (C.L.T.), CO-OPERATIVE SOCIETIES Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF CIRCULAR DATED 31/01/2023 BEARING NO.03/2023 ISSUED BY THE ASST. REGISTRAR (C.L.T.), CO-OPERATIVE SOCIETIES RESPONDENT EXHIBITS Exhibit R3(a). True copy of the demand notice dated 13.12.2018 under section 13(2) of the SARFAESI Act issued by the 4th respondent to the borrower Muhammed Arakkal Exhibit R3(b) True copy of the possession notice dated 09.01.2020 under section 13(4) of SARFAESI Act issued by the 4th respondent to the borrower Muhammed Arakkal Exhibit R3(c) True copy of the letter dated 05.07.2023 issued by the 4th respondent to the Assistant Registrar (General), Manjeri relating to the said loan account W.P.(C) No.2555 of 2025 ..6..
2025:KER:48042 Exhibit R3(d) True copy of the letter dated 08.08.2023 issued by the 4th respondent to the Co-operative Registrar Office, Thiruvananthapuram with respect to the said loan account Exhibit R3(e) True copy of the communication dated 12.08.2024 issued by the Joint Registrar (General), Malappuram to the Chief Executive Officer of the 4th respondent bank relating to the One Time Settlement of the loan account in the name of Muhammed Arakkal