Citation : 2021 Latest Caselaw 11367 Ker
Judgement Date : 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA,
1943
WP(C).No.3511 OF 2021(L)
PETITIONER:
SUJA.T,
AGED 35 YEARS
W/O. SUNILKUMAR G. MALAYIRAZHIKATHU,
KADAMPANAD P.O. THUVAYUR SOUTH, PATHANAMTHITTA
691 522.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SMT.MEERA P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD P.O. THIRUVANANTHAPURAM 695 014.
3 KADAMPANAD NORTH SERVICE CO-OPERATIVE BANK
(LTD), NO.55, KALLUKUZHI ROAD, KADAMPANAD
NORTH P.O. PATHANAMTHITTA 691 552, REPRESENTED
BY ITS SECRETARY.
SRI.K.P HARISH,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.3511 OF 2021(L) 2
JUDGMENT
Dated this the 8th day of April 2021
The husband of the petitioner has availed a loan of
Rs.2,00,000/- from the 3rd respondent Bank in 2006. According
to the petitioner her husband had remitted a sum of
Rs,1,40,000/- towards the principal amount and interest. Her
husband died on 05.02.2020 claiming that she is unable to
repay the amount. A representation was made by her to the
3rd respondent to extend the benefit of adjusting of arrears of
loan from the Co-operative Risk Fund and to close her loan
account. Her grievance is that Ext.P2 representation is not
considered since August 2020.
Notice from this Court was served on the 3 rd respondent.
They have not appeared to contest the claim. Having
considered this, I am inclined to dispose of the writ petition
directing the 3rd respondent to take up and consider Ext.P2
application, in the light of Ext.P3, as expeditiously as possible,
at any rate, within a period of one month from the date of
receipt of a copy of this judgment. The petitioner shall also be
given an opportunity of being heard.
Sd/-
SUNIL THOMAS JUDGE LEK
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 18.02.2020 OF THE HUSBAND OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 10.08.2020 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO. 52/2019 DATED 12.12.2019 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.
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