Brijith.R vs Kerala State Co-Operative ...
2022 Latest Caselaw 12126 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 40760 OF 2022
PETITIONERS:

    1     BRIJITH.R
          AGED 60 YEARS
          W/O. LATE RAJENDRAN, NEDUMPULLY THADATHARIKATHU VEEDU,
          KUTTAMALA, KUTTAMALA P.O., KATTAKKADA TALUK,
          THIRUVANANTHAPURAM-695505.

    2     VIPIN RAJ,
          AGED 35 YEARS, S/O. LATE RAJENDRAN, NEDUMPULLY
          THADATHARIKATHU VEEDU, KUTTAMALA, KUTTAMALA P.O.,
          KATTAKKADA TALUK, THIRUVANANTHAPURAM-695505.

    3     VINITHA,
          AGED 34 YEARS, D/O. LATE RAJENDRAN, NEDUMPULLY
          THADATHARIKATHU VEEDU, KUTTAMALA, KUTTAMALA P.O.,
          KATTAKKADA TALUK, THIRUVANANTHAPURAM-695505

          BY ADVS.
          D.KISHORE
          MEERA GOPINATH
          R.MURALEEKRISHNAN (MALAKKARA)
          ATHUL V. VADAKKEDOM


RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE BANK(KERALA BANK)
          REGIONAL OFFICE, THIRUVANANTHAPURAM, P.B. NO. 5122,
          EAST FORT, FORT P.O., THIRUVANANTHAPURAM-695 023
          REPRESENTED BY ITS AUTHORIZED OFFICER.

    2     THE AUTHORIZED OFFICER,
          KERALA STATE CO-OPERATIVE BANK (KERALA BANK), REGIONAL
          OFFICE, THIRUVANANTHAPURAM, P.B. NO. 5122, EAST FORT,
          FORT P.O., THIRUVANANTHAPURAM-695 023.

    3     THE DEPUTY TAHSILDAR,
          TALUK OFFICE, KATTAKKADA, THIRUVANANTHAPURAM-695 572.

    4     THE VILLAGE OFFICER,
          VAZHICHAL VILLAGE, KATTAKKADA TALUK,
          THIRUVANANTHAPURAM-695 572.
 WP(C) NO. 40760 OF 2022

                                   2

             BY ADV THOMAS ABRAHAM

             SRI. BIMAL K. NATH, SR.GP.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.12.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 40760 OF 2022

                                    3

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.40760 of 2022
                   --------------------------------------------
            Dated this the 22nd day of December, 2022

                             JUDGMENT

The prayer in the writ petition is for permission to the

petitioners to pay off the amounts outstanding to the 1 st

respondent in easy instalments.

2. The Standing Counsel on instructions submits that

an amount of Rs.2,79,766/- (Rupees two lakhs seventy nine

thousand seven hundred and sixty six only) is overdue.

In the above circumstances, this writ petition is disposed

of permitting the petitioners to pay the amount of

Rs.2,79,766/- along with regular EMI in ten equal monthly

instalments, the 1st instalment falling due on or before

20.01.2023 and the subsequent instalments falling due on or

before the 20th of the succeeding months. If the petitioners

make two consecutive defaults in the payment of the

instalments as directed above, the 1st respondent is at liberty

to continue with coercive steps for recovery. The coercive WP(C) NO. 40760 OF 2022

steps initiated shall be kept in abeyance to facilitate the

petitioners to pay the amounts in instalments as directed

above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 40760 OF 2022

APPENDIX OF WP(C) 40760/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 26.11.2021 BY THE 2ND RESPONDENT TO THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 1.12.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.