P.V.Sukumaran vs The Kerala State Co-Operative ...
2022 Latest Caselaw 2144 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                        WP(C) NO. 30730 OF 2021
PETITIONER/S:

          P.V.SUKUMARAN,AGED 60 YEARS
          S/O. JANAKI AMMA, PUTHEN VEEDU, MOKERI AMSOM,
          THALASSERY TALUK, MOKERI P.O, KANNUR DISTRICT
          BY ADV T.G.RAJENDRAN


RESPONDENT/S:

    1     THE KERALA STATE CO-OPERATIVE BANK LTD.
          EVENING BRANCH, PANOOR, KANNUR 670 692
          REPRESENTED BY ITS BRANCH MANAGER.
    2     THE SPECIAL SALE OFFICER
          KERALA STATE CO-OPERATIVE BANK LTD, KANNUR REGION,
          KANNUR 670 001

          SRI.M.SASINDRAN, SC, KANNUR DISTRICT CO.OP. BANK
          SR.G.P.: SMT. RESMI.K.M


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30730 OF 2021                   2




                                  JUDGMENT

For a loan availed by the petitioner's

brother, the property belonging to their mother

was mortgaged. The mother is no more. There is a

partition suit pending between the legal heirs.

The petitioner claims that since he has right

over the property it cannot be proceeded against.

2. The mother having mortgaged the property,

the contention of the petitioner has no merits.

Realising the same, the petitioner seeks for the

benefit of the 'Navakeraleeyam One Time

Settlement Scheme' which is in force up to

31.03.2022.

3. The petitioner may approach the Bank at 11

AM on 28.02.2022 and make an application seeking

the benefit of the scheme. If such an application

is filed, the Bank shall consider the same and

intimate the petitioner the amount payable. If

the petitioner does not choose to avail the

benefit of the scheme and have the account

closed, then further proceedings for recovery can

continue.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX OF WP(C) 30730/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S MOTHER DATED 17-07-2012 Exhibit P2 TRUE COPY OF THE PLAINT IN OS NO. 66/2017 ON THE FILE OF THE SUB COURT, THALASSERY Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 1-12-2021 Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15-12-2021 IN EP NO. 169/2011 IN ARC 179/10