Madhukumar V.C vs The Secretary
2021 Latest Caselaw 7296 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.1617 OF 2021(B)


PETITIONER:

               MADHUKUMAR V.C.
               AGED 42 YEARS
               S/O.CHANDRAN,RESIDING AT PUTHEN PURAYIL
               HOUSE,SREENIVASA COVIL,THEKKUMBHAGAM,
               THRIPUNITHURA,PIN-682301,ERNAKULAM.

               BY ADVS.
               SRI.SAKIR.K.H.
               SRI.S.R.SREEJITH

RESPONDENTS:

      1        THE SECRETARY
               KURUVILASSERY SERVICE CO OP BANK LTD.NO.4185,
               VALIYA PARAMBU,KURUVILASSERY.P.O,
               MALA,THRISSUR,PIN-680732.

      2        ASSISTANT REGISTRAR(GENERAL) OF CO OPERATIVE
               SOCIETIES,
               CHALAKKUDY,THRISSUR,PIN-680307.

      3        THE REGISTRAR OF CO OPERATIVE SOCIETIES,
               THIRUVANANTHAPURAM,PIN-695001.

               R1 BY ADV. SRI.A.JAYASANKAR
               R1 BY ADV. SRI.MANU GOVIND

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1617 OF 2021(B)
                                2




                             JUDGMENT

Dated this the 2nd day of March 2021

It is submitted by the learned Counsel for the

petitioner that he had approached the bank authorities, to

explore whether further concessions can be given as

directed by this Court.

2. The learned Counsel for the bank submitted

that the bank, after giving maximum concession the

amount due is Rs.1,03,910/- (Rupees One lakh three

thousand nine hundred ten only) and no further

concession can be given and this is available only if the

petitioner shall deposit an amount within a period of one

month.

This is recorded and the writ petition is closed

directing the petitioner to deposit the above amount

within one month from today, failing which the bank can

proceed with the execution proceeding for the recovery of

original amount due. The concession offered will be lost WP(C).No.1617 OF 2021(B)

and the bank will be entitled to claim the entire amount.

Sd/-

SUNIL THOMAS

JUDGE

SKP/3-3 WP(C).No.1617 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED TO THE PETITIONER,FROM THE ADDITIONAL SUB COURT,IRINGALAKKUDA IN E.P.6/206 IN O.S.NO.1061/2012.

EXHIBIT P2 DELIVERY RECEIPT IN EA.NO.649/17 IN E.P.NO.6/16 IN O.S.1061/2012 ON THE FILE OF THE ADDL SUB COURT,IRINJALAKUDA

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER FROM KURUVILASSERY VILLAGE OFFICE.

EXHIBIT P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 6.9.12 RELATING TO THE ABOVE SAID PROPERTY OF THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 06.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF LETTER NO.214/2020/MALA DATED 24.02.2020 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS'S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF THE CIRCULAR NO.54/2019 ISSUED FROM THE COOPERATION DEPARTMENT

TRUE COPY P.A. TO JUDGE