Liju. M.V vs Kattakkada Primary Co-Operative ...
2022 Latest Caselaw 2154 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. 9829 OF 2021
PETITIONER:

            LAJUMONI M.V,AGED 42 YEARS,S/O MONI P.C.
            ROSE COTTAGE, CHEMBOOR, OTTASEKHARAMANGALAM P.O,
            KEEZHAROOR, NEYYATTINKARA, THIRUVANANTHAPURAM-
            695125.

            BY ADV E.A.BIJUMON


RESPONDENTS:

 1   KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTUARL RURAL
     DEVELOPMENT BANK,T.N.2037, MALAYINKEEZHI,
     THIRUVANANTHAPURAM DISTRICT-695571.
     REPRESENTED BY THE SECRETARY.

 2   THE BRANCH MANAGER,KATTAKADA PRIMARY CO-OPERATIVE
     AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037,
     MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

 3   THE SALE OFFICER,KATTAKADA PRIMARY CO-OPERATIVE
     AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037,
     MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

 4   THE TAHSILDAR,KATTAKADA,
     THIRUVANANTHAPURAM DISTRICT-695571.

 5   THE VILLAGE OFFICER,VILLAGE OFFICE,KEEZHAROOR-695124.

 6   THE SECRETARY,DEPARTMENT OF CO-OPERATIVE SOCIETIES,
     SECRETARIAT, THIRUVANANTHAPURAM-695001.

            BY ADV SRI.T.R.HARIKUMAR

            SR.G.P SMT. RESMI.K.M


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.02.2022, ALONG WITH WP(C).9832/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W P(C) NOs.9829 of 2021 & 9832 of 2021
                                   2
         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. 9832 OF 2021
PETITIONER:

  LIJU. M.V,AGED 38 YEARS,S/O MONI P.C, ,ROSE COTTAGE,
  CHEMBOOR, NEYYATTINKARA, THIRUVNANTHAPURAM-695125.

            BY ADV E.A.BIJUMON


RESPONDENTS:

 1   KATTAKKADA PRIMARY CO-OPERATIVE AGRICUILTURAL RURAL
     DEVELOPMENT BANK, T N 2037,MALAYINKEEZHU,
     THIRUVANANTHAPURAM DISTRICT-695571.
     REPRESENTED BY THE SECRETARY.

 2   THE BRANCH MANAGER,KATTAKADA PRIMARY CO-OPERATIVE
     AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037,
     MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

 3   THE SALE OFFICER,KATTAKADA PRIMARY CO-OPERATIVE
     AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037,
     MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

 4   THE TAHSILDAR,KATTAKADA,
     THIRUVANANTHAPURAM DISTRICT-695571.

 5   THE VILLAGE OFFICER,VILLAGE OFFICE, KEZHAROOR-695124.

 6   THE SECRETARY,DEPARTMENT OF CO-OPERATIVE SOCIETIES,
     SECRETARIAT, THIRUVANANTHAPURAM-695001.

            BY ADV SRI.T.R.HARIKUMAR

            SR.G.P SMT. RESMI.K.M


     THIS     WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.02.2022, ALONG WITH WP(C).9829/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W P(C) NOs.9829 of 2021 & 9832 of 2021
                                3



                           JUDGMENT

The credit facility availed by the petitioner

from the 1st respondent Bank fell in arrears. Thereupon

the Bank initiated steps for realisation of the debt

by sale of the immovable property belonging to the

petitioner. Ext P1 is the sale notice issued by the

Bank. The petitioner has approached this Court seeking

grant of instalment facility to wipe off the debt.

2. Heard the learned counsel for the petitioner,

the learned standing counsel for the Bank, and the

learned senior Government Pleader.

3. The property sought to be proceeded against by

the Bank is the residential property of the

petitioner. The petitioner is in grave financial

constraints and a reasonable facility may be afforded

to the petitioner to wipe off the debt in instalments,

submits the learned counsel for the petitioner.

4. Considering the quantum of the amount involved

and the circumstances projected by the learned counsel

for the petitioner, I am of the opinion that W P(C) NOs.9829 of 2021 & 9832 of 2021

reasonable instalment facility can be afforded to the

petitioner.

Accordingly, the writ petition is disposed of

permitting the petitioner to have the entire liability

due to the Bank cleared in twenty equal monthly

instalments commencing from 25.03.2022. The subsequent

instalments shall be payable on or before the 20 th day

of subsequent months. In case of default in payment of

a single instalment, the petitioner will lose the

benefit granted under this judgment.

Sd/-

Sathish Ninan, Judge

vdv W P(C) NOs.9829 of 2021 & 9832 of 2021

APPENDIX OF WP(C) 9829/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE PROCLAMATION NOTICE SHOWING THE DATE OF AUCTION ON 7/04/2021 IN MADRUBHUMI NEWS PAPER DATED 07/04/2021.

W P(C) NOs.9829 of 2021 & 9832 of 2021

APPENDIX OF WP(C) 9832/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE PROCLAMATION NOTICE SHOWING THE DATE OF AUCTION ON 7.03.2021 IN MADRUBHUMI NEWS PAPER DATED 07.04.2021.