Devarajan vs The Authorised Officer
2022 Latest Caselaw 5090 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
          FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                         WP(C) NO. 15249 OF 2022
PETITIONER:

            DEVARAJAN
            AGED 55 YEARS, S/O. BHASKARAN,
            KADAMBUKANATHIL HOUSE, KUNJITHANNI P. O., IDUKKI (DT.)

            BY ADV S.SACHITHANANDA PAI



RESPONDENTS:

    1       THE AUTHORISED OFFICER
            KERALA STATE CO-OPERATIVE BANK LTD., CREDIT PROCESSING
            CENTRE, IDUKKI COLONY P.O ., IDUKKI (DT) - 685602.

    2       KERALA STATE CO-OPERATIVE BANK LTD.
            (FORMERLY IDUKKI DISTRICT CO-OPERATIVE BANK LTD.,
            KUNJITHANNI BRANCH, IDUKKI (DT) - 685565.

            SRI.GILBERT GEORGE CORREYA, SC.




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.15249 of 2022                     -2-




                             GOPINATH P., J.
                           -------------------------------
                           W.P.(C) No.15249 of 2022
                     --------------------------------------
                     Dated this the 06th day of May, 2022


                                  JUDGMENT

The Standing counsel takes notice for both the respondents.

2. The learned Standing counsel submits that as on date a total

sum of Rs.1,38,00,000/- (Rupees One crore thirty eight lakhs only) is due in

respect of 6 loans availed by the petitioner, his wife and his son. It is also

submitted that there is no proposal by the petitioner to settle the liabilities

and that the possession of the property has already been taken.

3. The learned counsel for the petitioner submits that only

symbolic possession has been taken as on date.

4. Considering the fact that symbolic possession has already been

taken, it is directed that, if the petitioner files a representation for One Time

Settlement or for re-payment of the outstanding amount in instalments, the

same shall be considered by the competent authority of the respondent Bank

and till such time, physical possession of the property shall not be taken.

The petitioner shall file the representation within 3 days from today and a

decision thereon shall be taken by the competent authority of the

respondent Bank, within 3 weeks thereafter.

This writ petition is disposed of, with the above direction.

Sd/-

GOPINATH P.

JUDGE Skk/6.5.22

APPENDIX OF WP(C) 15249/2022

PETITIONER'S EXHIBITS:-

Exhibit P1 COPY OF THE ORDER DATED 16.03.2022 IN MC 140/2022 OF THE CJM, THODUPUZHA.

Exhibit P2 COPY OF THE NOTICE DATED 23.03.2022 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER.