Citation : 2021 Latest Caselaw 12752 Ker
Judgement Date : 7 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
WP(C) NO. 5624 OF 2021
PETITIONER:
SAJI KUMAR T.G.
AGED 47 YEARS,S/O. LATE GOPALA KURUP,
SHEKHARAMANGALAM HOUSE,
PALACKALTHAKIDI P.O., KUNNAMTHANAM-689581.
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, THIRUVANANTHAPURAM-695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), THIRD FLOOR,
MINI CIVIL STATION, THIRUVALLA-689645.
3 ASSISTANT REGISTRAR (GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), MALLAPALLY-689585.
4 THE SPECIAL SALE OFFICER,
FOR PCARD BANK LTD. NO.PT234,
ASSISTANT REGISTRAR (GENERAL) OFFICE,
MALLAPALLY-689585.
5 MALLAPALLY PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK NO. PT234,
REP. BY ITS SECRETARY,
HEAD OFFICE, MALLAPALLY WEST P.O.,
W.P.(C) No.5624/21 -:2:-
MALLAPALLY-689585.
6 THE MANAGER,
MALLAPALLY BRANCH, MALLAPALLY PRIMARY CO-
OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK
NO.PT234, MALLAPALLY WEST P.O.,
MALLAPALLY-689585.
7 THE PRESIDENT,
MALLAPALLY PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK NO.PT234,
HEAD OFFICE, MALLAPALLY WEST P.O.,
MALLAPALLY-689585.
SMT.VIDHYA A.C., GOVT. PLEADER
SRI.VARUGHESE M.EASO, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.5624/21 -:3:-
JUDGMENT
Dated this the 7th day of June, 2021
Petitioner seeks indulgence of this Court for repayment of the
entire amount due to the 5th respondent in installments.
2. Learned Standing Counsel for the 5 th respondent on
instructions submits that the total amount due from the petitioner as
on 7.4.2021 is Rs.9,09,855/- and that the 5 th respondent is willing to
accept the payment in installments, if the entire amounts due from
the petitioner are paid along with the regular installments.
3. Having regard to the nature of contentions put forth and
having regard to the circumstances arising in the case, I am of the
view that the writ petition can be disposed of by directing the
payment of the amount due in installments.
4. Accordingly, there will be a direction to the petitioner to
repay the entire amounts due to the 5 th respondent in 15 equal
monthly installments, the first of which shall be payable on or before
1.8.2021. The petitioner shall continue to pay the regular
installments as and when it falls due.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE vps
APPENDIX OF WP(C) 5624/2021
PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 30.6.2017 ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD ATTACHED TO THE DISTRICT HOSPITAL, KOZHENCHERY. EXHIBIT P2 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
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