P.P.Eanu vs Department Of Co-Operation
2021 Latest Caselaw 17167 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 10579 OF 2021
PETITIONER/S:

          P.P.EANU
          AGED 65 YEARS
          PALLIPETTA HOUSE, EDATHANATHU P.O., PALAKKAD,
          EDATHANATTUKARA VILLAGE, MANNARKAD TALUK, PIN CODE-
          678601.

          BY ADV THANUJA ROSHAN



RESPONDENT/S:

    1     DEPARTMENT OF CO-OPERATION
          REPRESENTED BY ITS REGISTRAR, O/O. THE REGISTRAR OF CO-
          OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
          JN., THYCAUD P.O., THIRUVANANTHAPURAM-695014.

    2     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
          PALAKKAD, KENATHUPARAMBU, KUNATHURMEDU CIVIL STATION
          COMPLEX, PALAKKAD, KERALA-678013.

    3     KUMARAMPUTHUR CO-OP. HOUSING SOCIETY LTD.,
          (NO.P-813), REPRESENTED BY ITS SECRETARY, KODATHIPPADI
          BRANCH, MANNARKAD, MANNARKAD COLLEGE P.O., PINCODE-
          678583.

    4     THE HEADMASTER,
          KALLADI HIGH SCHOOL, KOZHIKODE-PALAKKAD HIGHWAY,
          KUMARAMPUTHUR, KERALA-678762.


OTHER PRESENT:

          SR.GP V.K SUNIL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10579 OF 2021              2



                        JUDGMENT

The petitioner herein had bid a chitty run by the

third respondent society. He had undertaken to pay the

entire amount in installments. For the defaulted amount,

proceedings were initiated for recovery of the amount

from the quarantor, who was the headmaster of the

school. However, no effective steps were taken for

recovery. The petitioner has approached this court

seeking reliefs. The respondent society remained

absent. Hence the petitioner approached the society to

ascertain whether they are amenable for some

concession. Ext.P15 is the reply given by them, which

clarified that if entire amount was repaid in lump, penal

interest will be waived and to permit the petitioner to

repay the entire amount with 13% interest.

2. It seems that the petitioner has set up the

plea of financial inability to pay the entire amount in

installments. Considering this, I am inclined to dispose

of the Writ Petition itself, with a direction to the

petitioner to pay the entire amount due to the society

including interest in 18 equal monthly installments,

commencing from 10.09.2021 onwards. The entire

amounts shall be repaid accordingly in equal installment.

In case of default of any installment, the society will be

free to initiate appropriate proceedings. Coercive steps

against the petitioner will be kept in abeyance during

the above period.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV

APPENDIX OF WP(C) 10579/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MMBS PASSBOOK ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 8.2.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 3.3.2020 INFORMING OF REFERENCE BEING MADE TO THE ARBITRATOR ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 4.1.2021 ISSUED BY THE ARBITRATOR- ASSISTANT REGISTRAR (GENERAL), MANNARKAD CO-OPERATIVE SOCIETY.

EXHIBIT P5 TRUE COPIES OF THE RECEIPTS ISSUED AGAINST PAYMENTS MADE BY THE 1ST PETITIONER ON 19.2.2021.

EXHIBIT P6 TRUE COPY OF THE COVERING LETTER DATED 19.3.2021 ISSUED BY THE 1ST RESPONDENT FORWARDING THE REPRESENTATION OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 15.3.2021 ISSUED BY THE TALUK LEGAL SERVICES AUTHORITY, MANNARKAD.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 16.4.2021 ISSUED BY THE 3RD RESPONDENT TO THE HEADMISTRESS,KALLADY HIGH SCHOOL, KUMARAMPUTHUR.

Exhibit P12 TRUE COPY OF THE APPLICATION DATED 30/06/2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT, CO- OPERATIVE SOCIETY.

Exhibit P13 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT AGAINST THE REMITTANCE MADE BY THE PETITIONER ON 31/05/2021.

Exhibit P14 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT AGAINST THE REMITTANCE MADE BY THE PETITIONER ON 30/06/2021.

Exhibit P15 TRUE COPY OF THE REPLY DATED 05/07/2021 ISSUED BY THE 3RD RESPONDENT VIS-A-VIS EXHIBIT P-12 APPLICATION SUBMITTED BY THE PETITIONER.