P.K.Rajasekharan vs The Secretary
2021 Latest Caselaw 21359 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                             WP(C) NO. 16714 OF 2021
PETITIONERS:

     1        P.K.RAJASEKHARAN
              AGED 54 YEARS
              S/O K.K.KRISHNAN NAMBOODIRI,
              KRISHNAVENI, MANDOOR P.O,
              KANNUR-670571.

     2        HARIPRASAD M.K.
              AGED 49 YEARS
              S/O K.GOVINDAN,
              MAHATMYAM, CHALAD P.O, KANNUR-670014.

     3        SHARAFUDEEN MOOPAN
              AGED 53 YEARS
              S/O AHAHED P.T.
              SAFA, KAMBITHOON,
              SHANKARANELLUR P.O, KUTHUPARAMBA-670643.

     4        SHANIL.M.D.
              AGED 39 YEARS
              S/O DINESAN,
              MAKKOLLIL, NADUVIL P.O, KANNUR-670582.

              BY ADVS.
              ABDUL RAOOF PALLIPATH
              K.R.AVINASH (KUNNATH)
              M.K.SUMOD
              RAJ CAROLIN V.



RESPONDENT:

              THE SECRETARY
              KANNUR DISTRICT POLICE CO-OPERATIVE SOCIETY LIMITED,
              NO.C.1384, HEAD OFFICE,
              A.R.POLICE CAMP, KANNUR-670002.

              BY ADV M.SASINDRAN
              BY SRI.SUNIL V.K., SR. GOVT. PLEADER




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                          SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                   W. P. (C) No.16714 of 2021
              = = = = = = = = = = = = = = = = = =
            Dated this the 29th day of October, 2021

                           J U D G M E N T

The first petitioner availed a loan from the

respondent Society. Petitioners 2 to 4 are the

guarantors. The tenure of loan expires in the year 2023.

There occurred default in repayment of the loan by the

petitioner which resulted in the Society taking steps

for recovery of the debt by deduction from the salary of

petitioners 2 to 4 - the guarantors. The petitioners

have approached this Court with the undertaking of the

first petitioner that he will clear off the entire debt

provided a breathing time is granted to him, and that

the recovery proceedings against the salary of

petitioners 2 to 4 - the guarantors may be kept in

abeyance.

2. Heard learned counsel for the parties.

3. No doubt, the petitioners does not have any

right under law to seek for forbearance of recovery W. P. (C) No.16714 of 2021

proceedings against the guarantors. Be that as it may,

it is for the respondent to decide upon the course of

action to be taken for realisation of the debt. The

first petitioner has submitted Ext.P2 representation

before the respondent seeking grant of accommodation to

him to wipe off the debt. I am of the opinion that it

would be sufficient if the respondent considers Ext.P2

and takes appropriate decision.

Accordingly, the writ petition is disposed of

directing the respondent to consider and pass orders on

Ext.P2, after affording an opportunity of hearing to the

petitioner, within a period of two weeks from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 16714/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE REPRESENTATION MADE BY HE PETITIONER BEFORE THE RESPONDENT DATED 7/8/2021.

-----