Kerala High Court
Sambasivan vs The Pullukulangara Service ... on 14 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 37463 OF 2023
PETITIONERS:
1 SAMBASIVAN,
AGED 65 YEARS,
S/O LATE RAJAPPAN,
SOUMYALAYAM HOUSE,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
2 UDAYAKUMARI,
AGED 57 YEARS,
W/O SAMBASIVAN,
SOUMYALAYAM HOUSE,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
BY ADV SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE PULLUKULANGARA SERVICE CO-OPERATIVE BANK
LIMITED NO:2992,
REPRESENTED BY ITS BRANCH MANAGER,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
2
2 THE SPECIAL SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
4TH FLOOR, CIVIL STATION KARTHIKAPALLY,
HARIPPAD, PIN - 690514
BY ADV SRI.GOKUL D. SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, ALONG WITH WP(C).18248/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 14916 OF 2025
PETITIONERS:
1 SAMBASIVAN,
AGED 66 YEARS,
S/O LATE RAJAPPAN, SOUMYALAYAM HOUSE,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
2 UDAYAKUMARI,
AGED 58 YEARS,
W/O SAMBASIVAN, SOUMYALAYAM HOUSE,
KAYAMKULAM P.O, ALAPUZHA DISTRICT,
PIN - 690502
BY ADV SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE PULLUKULANGARA SERVICE CO-OPERATIVE BANK
LIMITEDNO: 2992
REPRESENTED BY ITS BRANCH MANAGER,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
4
2 THE SPECIAL SALE OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
4TH FLOOR, CIVIL STATION KARTHIKAPALLY,
HARIPPAD, PIN - 690514
3 INSPECTOR OF CO-OPERATIVE SOCIETIES
ARBITRATION AND EXECUTION [A&E] II,
OFFICE OF THE ASSISTANT REGISTRAR [GENERAL] OF
CO-OPERATIVE SOCIETIES,
KARTHIKAPALLY, HARIPPAD, PIN - 690514
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, ALONG WITH WP(C)18248/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 18248 OF 2025
PETITIONERS:
1 SAMBASIVAN,
AGED 66 YEARS,
S/O LATE RAJAPPAN, SOUMYALAYAM HOUSE,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT,
PIN - 690502
2 UDAYAKUMARI,
AGED 58 YEARS,
W/O SAMBASIVAN, SOUMYALAYAM HOUSE,
KAYAMKULAM P.O,
ALAPUZHA DISTRICT, PIN - 690502
BY ADV SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE PULLUKULANGARA SERVICE CO-OPERATIVE BANK
LIMITED NO: 2992
REPRESENTED BY ITS SECRETARY,
KAYAMKULAM P.O, ALAPUZHA DISTRICT, PIN - 690502
2 THE SPECIAL SALE OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),4TH FLOOR, CIVIL STATION
KARTHIKAPALLY, HARIPPAD, PIN - 690514
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
6
3 INSPECTOR OF CO-OPERATIVE SOCIETIES
ARBITRATION AND EXECUTION [A&E] II,
OFFICE OF THE ASSISTANT REGISTRAR [GENERAL] OF
CO-OPERATIVE SOCIETIES,
KARTHIKAPALLY, HARIPPAD, PIN - 690514
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, ALONG WITH WP(C).14916/2025,
37463/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51797
W.P (C) Nos.37463 of 2023,
14916 & 18248 of 2025
7
K.BABU, J.
--------------------------------------
W.P (C) Nos.37463 of 2023, 14916 of 2025 &
18248 of 2025
---------------------------------------
Dated this the 14th day of July, 2025
JUDGMENT
The prayers in the Writ Petition (Civil) No.37463 of 2023 filed under Article 226 of the Constitution of India are as follows:
"i. Issue a writ of mandamus or any other appropriate writs directions or orders directing the respondents to permit the petitioners to pay the amount due to the 1st respondent bank in 25 monthly installments; ii. Issue a writ of mandamus or any other appropriate writs directions or orders directing the 1st respondent to waive the amount in excess of principal amount due under the head interest under Loan account No:438/13-14 and loan Account No:
439/13-14;
iii. Issue a writ of mandamus or other appropriate writs, directions or orders directing the respondents not to take physical possession of the property mentioned in Ext.P3 and Ext.P4 or sell the property and petitioners may be permitted to continue to reside in the property;
iv. To dispense with the production of the English Translation of the vernacular documents produced in the writ petition;
v. To grant such other reliefs as this Honourable Court may deem just and proper in the circumstances of the case;
vi. Allow the writ petition (civil)."
2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 8 The prayers in the Writ Petition (Civil) No.14916 of 2025 filed under Article 226 of the Constitution of India are as follows:
"i. To issue a writ of certiorari or any other appropriate writs directions or orders calling for the original of Ext.P5 and Ext.P6 and quash the same. ii. Issue a writ of mandamus or any other appropriate writs directions or orders directing the respondents to permit the petitioners to pay the amount due to the 1st respondent bank in Ext.P5 and Ext.P6 in 30 monthly installments;
iii. Yo dispense with the production of the English Translation of the vernacular documents produced in the writ petition;
iv. To grant such other reliefs as this Honourable Court may deem just and proper in the circumstances of the case.
v. Allow the writ petition (civil)."
The prayers in the Writ Petition (Civil) No.18248 of 2025 filed under Article 226 of the Constitution of India are as follows:
"i. To issue a writ of certiorari or any other appropriate writs directions or orders calling for the original of Ext.P4 and quash the same.
ii. Issue a writ of mandamus or any other appropriate writs directions or orders directing the respondents not to execute any document transferring the property of petitioners sold in auction in the name of Secretary of 1st respondent bank as communicated in Ext P4;
iii. To dispense with the production of the English Translation of the vernacular documents produced in the writ petition;
iv. To grant such other reliefs as this Honourable Court may deem just and proper in the circumstances of 2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 9 the case.
v. Allow the writ petition (civil)."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the respondent Bank submitted that the total amount due to the Bank, as on today, is Rs.24,22,065/- (Rupees Twenty Four Lakhs Twenty Two Thousand and Sixty Five Only). The petitioners are prepared to remit the amount in monthly instalments.
4. In the above circumstances, the Writ Petition is disposed of with the following directions:
(i) The petitioners shall remit Rs.5,00,000/-
(Rupees Five Lakhs only) within two months from this day.
(ii) The petitioners shall remit the balance amount together with any accrued interest and charges in twenty equal monthly instalments.
(iii) The first instalment shall be paid on 01.11.2025 and the subsequent instalments shall be paid 2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 10 on or before the last working day of every succeeding month.
(iv) The respondent bank shall accept the loan amount from the petitioners as stated above.
(v) In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with law.
(vi) In order to enable the petitioners to repay the entire amount as stated above, all coercive proceedings initiated against them shall be kept in abeyance.
Sd/-
K.BABU, JUDGE KAS 2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 11 APPENDIX OF WP(C) 37463/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1ST PETITIONER UNDER THE NATIONAL TUBERCULOSIS CONTROL PROGRAM Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED FROM BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL, KATTUPUZHA P.O, THIRUVALLA BY SENIOR CONSULTANT, ADULT CARDIO- THORACIC AND VASCULAR SURGERY DATED 14.06.2023 Exhibit P3 A TRUE COPY OF THE NOTICE FOR MEASUREMENT OF PROPERTY ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 2.11.2023 Exhibit P4 A TRUE COPY OF THE NOTICE FOR MEASUREMENT OF PROPERTY ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 2.11.2023 2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 12 APPENDIX OF WP(C) 14916/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1ST PETITIONER UNDER THE NATIONAL TUBERCULOSIS CONTROL PROGRAM Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED FROM BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL, KATTUPUZHA P.O, THIRUVALLABY SENIOR CONSULTANT, ADULT CARDIO- THORACIC AND VASCULAR SURGERY DATED 14.06.2023 Exhibit P3 A TRUE COPY OF THE NOTICE FOR MEASUREMENT OF PROPERTY ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 2.11.2023 Exhibit P4 A TRUE COPY OF THE NOTICE FOR MEASUREMENT OF PROPERTY ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 2.11.2023 Exhibit P5 A TRUE COPY OF THE NOTICE OF SALE ISSUED BY THE 3RD RESPONDENT IN FORM NO: 8 IN E.P NO: 29/23 AND E.P NO:
30/23 DATED 27.02.2025 Exhibit P6 A TRUE COPY OF THE NOTICE OF SALE ISSUED BY THE 3RD RESPONDENT IN FORM NO: 9 DATED 27.02.2025 2025:KER:51797 W.P (C) Nos.37463 of 2023, 14916 & 18248 of 2025 13 APPENDIX OF WP(C) 18248/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE OF SALE ISSUED BY THE 3RD RESPONDENT IN FORM NO: 8 IN E.P NO: 29/23 AND E.P NO:
30/23 DATED 27.02.2025 Exhibit P2 A TRUE COPY OF THE NOTICE OF SALE ISSUED BY THE 3RD RESPONDENT IN FORM NO: 9 DATED 27.02.2025 Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED 8.04.2025 IN W.P (C) NO: 14916/2025 OF THIS HON'BLE COURT Exhibit P4 A TRUE COPY OF THE NOTICE PREPARED BY THE 3RD RESPONDENT IN E.P NO: 29/23 AND E.P NO: 30/23 DATED 16.04.2025 ADDRESSED TO PETITIONERS