John T.T vs State Of Kerala
2022 Latest Caselaw 770 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                        WP(C) NO. 30857 OF 2021
PETITIONER/S:

          JOHN T.T.
          AGED 58 YEARS
          S/O. LATE THOMAS, THAZHATHUTHUNDIYIL HOUSE, KATTAPPANA
          P.O, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
          DISTRICT-685 508
          BY ADVS.
          VARGHESE C.KURIAKOSE
          ALBIN A. JOSEPH


RESPONDENT/S:

    1     STATE OF KERALA,
          REP. BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.
    2     THE DISTRICT COLLECTOR,
          IDUKKI DISTRICT, CIVIL STATION, PAINAVU, KUYILIMALA,
          IDUKKI 685 603.
    3     THE SPECIAL TAHSILDAR (RR),
          REVENUE RECOVERY, IDUKKI TALUK, VANCHIKKAVALA,
          CHERUTHONI, IDUKKI DISTRICT 685 602.
    4     THE KERALA STATE CO-OPERATIVE BANK LTD.
          KATTAPPANA EVENING BRANCH, KATTAPPANA 685 508.
          BY ADV SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE CO-
          OPERATIVE BANK LTD.
          SR.GP: SRI.BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, ALONG WITH WP(C).30859/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30857/2021 & 30859/2021       2



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                         WP(C) NO. 30859 OF 2021
PETITIONER/S:

            MINI JOHN,
            AGED 52 YEARS
            W/O. JOHN THOMAS, THAZHATHUTHUNDIYIL HOUSE,
            KATTAPPANA P.O, KATTAPPANA VILLAGE, UDUMBANCHOLA
            TALUK, IDUKKI DISTRICT 685 508.
            BY ADVS.
            VARGHESE C.KURIAKOSE
            ALBIN A. JOSEPH


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
     2       THE DISTRICT COLLECTOR,
             IDUKKI DISTRICT, CIVIL STATION, PAINAVU, KUYILIMALA,
             IDUKKI DISTRICT-685 603
     3       THE SPECIAL TAHSILDAR (RR),
             REVENUE RECOVERY, IDUKKI TALUK, VANCHIKKAVALA,
             CHERUTHONI, IDUKKI DISTRICT-685 602
     4       THE KERALA STATE CO-OPERATIVE BANK LTD.
             KATTAPPANA MAIN BRANCH, KATTAPPANA 685 508, IDUKKI
             DISTRICT.
             BY ADV GILBERT GEORGE CORREYA
             SR.GP: SRI.BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, ALONG WITH WP(C).30857/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30857/2021 & 30859/2021       3

                          JUDGMENT

[WP(C) Nos.30857/2021, 30859/2021]

The petitioners have approached the bank with a

request for One Time Settlement of the liabilities.

2. The learned Standing Counsel for the Bank

points out that the requests made are not in

accordance with the scheme presently in vogue.

3. It would be sufficient if the Bank

considers the requests made by the petitioners in

accordance with the existing scheme and passes

appropriate orders thereon in accordance with the

scheme and the norms. The petitioners shall

approach the Bank at 11 am on 21.01.2022 and the

Bank shall hand over the orders passed on the OTS

requests to the petitioners, on obtaining due

acknowledgment.

The Writ Petitions are disposed of as above.

Sd/-

SATHISH NINAN JUDGE sd WP(C) NO. 30857/2021 & 30859/2021 4

APPENDIX OF WP(C) 30859/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 08.10.2021 SERVED ON THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 23.10.2021 WHICH INDICATES THAT THE PETITIONER SHOULD APPEAR IN AN ADALATH ORGANISED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 09.12.2021 PREFERRED BEFORE THE 4TH RESPONDENT. Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 4TH RESPONDENT DATED 12.12.2021. Exhibit P5 TRUE COPY OF THE ONE TIME SETTLEMENT PROPOSAL DATED 14/01/2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WP(C) NO. 30857/2021 & 30859/2021 5

APPENDIX OF WP(C) 30857/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 20.10.2021 SERVED ON THE PETITIONER.

Exhibit P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 01.12.2021 WHICH INDICATES THAT THE PETITIONER SHOULD APPEAR IN AN ADALATH ORGANISED BY TH TALUK LEGAL SERVICE COMMITTEE, UDUMBANCHOLA.

Exhibit P3 TRUE COPY OF THE LETTER DATED 09.12.2021 PREFERRED BEFORE THE 4TH RESPONDENT. Exhibit P4 TRUE COPY OF THE ONE TIME SETTLEMENT PROPOSAL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT