Kochurani Mathew vs State Of Kerala
2021 Latest Caselaw 8298 Ker

WP(C).No.14243 OF 2011(E)      -1-

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                      WP(C).No.14243 OF 2011(E)


PETITIONER/S:

                KOCHURANI MATHEW
                AGED 45 YEARS, W/O.LATE K.M.MATHEW,,
                KIZHAKKEMURIYIL VEETTIL, EAPPADI P.O., PALA.

                BY ADV. SRI.T.M.ABDUL LATHEEF

RESPONDENT/S:

      1         STATE OF KERALA
                REP. BY SECRETARY TO GOVERNMENT,, CO-OP.
                DEPARTMENT, THIRUVANANTHAPURAM-695001.

      2         THE REGISTRAR
                CO-OP. SOCIETIES, THIRUVANANTHAPURAM-695001.

      3         THE JOINT REGISTRAR
                CO-OP. SOCIETIES (GENERAL), KOTTAYAM-686001.

      4         THE ASSISTANT REGISTRAR
                CO-OP. SOCIETIES (GENERAL), MEENACHIL, PALA-686575.

      5         PALA URBAN CO-OP. BANK
                REP. BY ITS GENERAL MANAGER, PALA-686575.

      6         KERALA STATE CO-OP. BANK LTD.
                THIRUVANANTHAPURAM, REP. BY ITS GENERAL MANAGER,,
                PIN-695001.

                R1 BY SENIOR GOVERNMENT PLEADER
                R5 BY ADV. SRI.P.C.HARIDAS
                R1 BY ADV. SRI.NAGARAJ NARAYANANSCK.S.CO-OP BANK
                R1, R6 BY SRI.K.RAVIKUMAR, SC, KERALA STATE
                COOPERATIVE BANK LTD.
                R1 BY SRI.GEORGE POONTHOTTAM, SC, KERALA STATE
                CO.OP BANK LTD.
                R1 BY ADV. SRI.GILBERT GEORGE CORREYA, SC, KERALA
                STATE CO-OPERATIVE BA
 WP(C).No.14243 OF 2011(E)   -2-

OTHER PRESENT:

             R1 TO R4 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT
             PLEADER R5 - SRI.P.C.HARIDAS R6 - SRI.GIL;BERT
             GEORGE CORREYA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14243 OF 2011(E)           -3-




                               JUDGMENT

Dated this the 12th day of March, 2021

This writ petition is filed by the petitioner, who is the wife of

one late K. M. Mathew, who stood as a guarantor in respect of a loan

sanctioned in favour of one Michael George, Varauungal,

Pravithanam, Kottayam, granted by the 5th respondent namely Pala

Urban Co-operative Bank. The loan was defaulted by the principal

debtor, consequently, the Bank initiated action and secured an award

as per the provisions of Kerala Co-operative Societies Act, 1969.

Since guarantee was offered by the husband of the petitioner, the bank

proceeded against the property, sold the same, and the bank had

purchased the property. It is thus challenging the legality and

correctness of the proceedings initiated by the bank, the award passed

and the property sold, this writ petition is filed.

2. Even though innumerable contentions are raised including the

ground of limitation, learned counsel for the petitioner Sri. T. M.

Abdul Latiff submitted that it would suffice if a direction is issued to

the bank to receive a representation from the petitioner and consider as

to whether on payment of the entire amount with interest and other

charges, the property can be released to the petitioner.

3. Therefore, after having heard learned counsel for the

petitioner Sri. T. M. Abdul Latiff and learned counsel for the 5 th

respondent Bank Sri. P. C. Haridas and perusing the pleadings and

material on record, this writ petition is disposed of leaving open the

liberty of the petitioner to approach the Bank with a representation,

and if any such any representation is filed, it shall be considered and a

decision shall be taken within a month thereafter. However make it

clear that I have not expressed any opinion on the merits of the matter

and direction made above shall not be construed as any expression of

opinion on the merits of the matter also.

Accordingly, writ petition is disposed of.

Sd/-

SHAJI P.CHALY JUDGE

Eb

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LOAN APPLICATION DATED 15.11.1984 SUBMITTED BEFORE THE 6TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE VALUATION REPORT DATED 2.4.1985

EXHIBIT P3 TRUE COPY OF THE AWARD IN FILE NO.

4159 OF 1989 DATED 29.1.1990

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.

E.A.1603/90 DATED 31.08.2004 OF THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE SALE SANNATH NO.

21993/05 DATED 21.03.2005

EXHIBIT P6 TRUE COPY OF THE PUBLIC NOTICE

EXHIBIT P7 TRUE COPY OF THE PETITION DATED 30.03.2011 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR

EXHIBIT P8 TRUE COPY OF THE PETITION DATED 31.02.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE PETITION DATED 02.05.2011 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.