Said Maheen Aboobacker vs Special Sale Officer
2021 Latest Caselaw 8497 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.2965 OF 2021(U)


PETITIONER:

      1        SAID MAHEEN ABOOBACKER,
               AGED 56 YEARS,
               S/O.K.P.KANI,
               KALEEKKAL VEEDU,
               MUTHOOR P.O., THIRUVALLA,
               PIN - 689 107.

      2        ABDULLA K.NAZAR,
               AGED 24 YEARS,
               S/O.MOHAMMED NAZAR,
               KALEEKKAL HOUSE,
               AZHYIDATHU CHIRA P.O.,
               THIRUVALLA TALUK, THIRUVALLA - 689 113.

               BY ADV. SRI.R.SANTHOSH BABU

RESPONDENTS:

      1        SPECIAL SALE OFFICER,
               THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD.NO.A159,
               THIRUVALLA - 689 101.

      2        SECRETARY,
               THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD.NO.A159,
               THIRUVALLA - 689 101.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2965 OF 2021             2




                              JUDGMENT

Dated this the 15th day of March 2021

The petitioner offers to deposit the entire

arrears within a week's time. Accordingly, the

petitioner is granted time to deposit the money as

above. In the meanwhile, the petitioner is directed to

meet the Bank and thereupon the Bank shall consider

Ext.P5 application and take appropriate decision

regarding extension of One Time Settlement Scheme.

The petitioner offers to pay the entire amount

so agreed, within three days thereafter. Hence, the

Bank shall try to extend One Time Settlement Scheme, if

applicable to them and the petitioner is eligible for

that. Accordingly, if the entire amount as agreed is

paid, the liability shall be closed and appropriate

decisions shall be taken to enable the petitioner to

sell his property on or before 20.03.2021.

The writ petition is closed accordingly.

Sd/-

                                           SUNIL THOMAS
SSK/15/03                                      JUDGE





                             APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AUCTION SALE NOTIFICATION DATED 14/01/2021 APPEARED IN THE MATHRUBHOOMI DAILY.

EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 21/08/2017 LATE K.P.KANI.

EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 20/09/2015 ARIFA BEEVI.

EXHIBIT P3(A) TRUE COPY OF THE MEDIAL CERTIFICATE DATED 30/06/2020 ISSUED BY THE ASTER MEDICITY HOSPITAL, ERNAKUALM TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE SALE NOTICE DATED 08/01/2021 BY THE 1ST RESPONDENT ADDRESSED TO THE FATHER OF THE 2ND PETITIONER MOHAMMED NAZAR.

EXHIBIT P5 A TRUE COPY OF THE REQUEST DATED 27/01/2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 12/08/2020 ISSUED BY THE ASST. REGISTRAR/VALUATION OFFICER OF THE RESPONDENT BANK.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 20/07/2020 BY THE FATHER OF THE 2ND PETITIONER BEFORE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS: NIL


SSK                      //TRUE COPY//           PA TO JUDGE