K.V. Jayachandran Nair vs Authorized Officer
2021 Latest Caselaw 1286 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                        WP(C).No.907 OF 2021(K)


PETITIONER/S:

                K.V. JAYACHANDRAN NAIR, AGED 52 YEARS
                S/O. LATE G. KARUNAKARAN NAIR, VASANTHA BHAVAN,
                T. C. 24/816(3), METTUKADA, THYCAUD P. O.,
                THIRUVANANTHAPURAM - 695 014.

                BY ADVS.
                SRI.AYYAPPAN SANKAR
                SMT.S.HRIDYA

RESPONDENT/S:

                AUTHORIZED OFFICER
                TRIVANDRUM CO-OPERATIVE URBAN BANK LTD.,
                HEAD OFFICE, M. G. ROAD, NEAR GOVT. AYURVEDA COLLEGE,
                G.P.O., THIRUVANANTHAPURAM DISTRICT - 695 001.



                SMT.NISHA GEORGE, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.907 OF 2021               2

                             JUDGMENT

Dated this the 13th day of January 2021

Heard both sides.

2. Learned counsel appearing for the petitioner submits that

the petitioner is willing to pay an amount of Rs.1,00,000/- (Rupees

one lakh only) by tomorrow and an amount of Rs.3,00,000/-

(Rupees three lakhs only) within a short time as directed by this

Court.

3. Learned counsel appearing for the petitioner aruged that

the house maintenance loan of Rs.15,00,000/- (Rupees fifteen

lakhs only) was taken by the petitioner from the respondent.

However, because of lockdown and Covid pandemic as well as

critical health of the father of the petitioner, the said could not be

repaid regularly. Learned counsel for the petitioner has also pointed

out the Ext.P1 judgment of this Court in a writ petition filed by the

petitioner herein.

4. Learned counsel appearing for the respondent opposed

the petition.

5. On an earlier occasion, the petitioner has approached

this Court with the similar request and that writ petition as W.P.(C)

No.6396 of 2020 came to be disposed of by this Court on

03.03.2020. The relevant paragraph No.4 of that writ petition

needs reproduction and it reads thus:-

''Having regard to the facts and circumstances of the case, petitioner is permitted to pay the overdue outstanding amount in ten equated monthly instalments starting from 03.04.2020 and on the corresponding date of the succeeding months along with regular instalments on condition that petitioner deposit Rs.1,00,000/-

(Rupees one lakh only) on or before 18.03.2020. If the petitioner make default in paying the amount as directed above, the respondent bank will be at liberty to proceed against the petitioner in accordance with law.''

It is thus clear that this Court had directed repayment of the

outstanding overdue amount with a further direction that if there is

default in paying the amount as directed, the bank shall be at

liberty to proceed against the petitioner.

6. Now passing any contrary order in the wake of judgment

of this Court in W.P.(C). No.6396 of 2020 would amount to review

of the said judgment, without any authority under the law.

Therefore, the request made by the petitioner cannot be

entertained. Even otherwise, this Court has no jurisdiction to

entertain the writ petition in view of the judgment the judgment of

the Hon'ble Apex Court in the matter of Authorized Officer, State

Bank of Travancore and another vs. Mathew K.C (2018(1) KLT

784).

The writ petition is accordingly dismissed.

Sd/-

ajt                                                 A.M.BADAR, JUDGE


                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE PHOTOCOPY OF JUDGMENT DATED 03.03.2020
                       IN W.P.(C) NO.6396/2020.

EXHIBIT P2             TRUE PHOTOCOPY OF DEATH CERTIFICATE OF

PETITIONER'S FATHER DATED 29.06.2020 ISSUED FROM CORPORATION OF THIRUVANANTHAPURAM

EXHIBIT P3 TRUE PHOTOCOPY OF NOTICE DATED 10.12.2020 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM IN M. C. NO.66/2020 INTIMATING DISPOSSESSION ON 14.01.2021.

EXHIBIT P4 TRUE PHOTOCOPY OF POSTAL COVER SHOWING DATED OF SERVICE OF EXHIBIT P3 NOTICE AS 08.01.2021.