Leela.K.K vs The State Of Kerala
2023 Latest Caselaw 4590 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE GOPINATH P.
       WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                              WP(C) NO. 13221 OF 2023
PETITIONER:

                  LEELA.K.K.,AGED 60 YEARS,W/O.SATHEESAN , PUTHUSSERY
                  HOUSE, PURANATTUKARA, PUZHKKAL.P.O, THRISSUR DISTRICT.,
                  PIN - 680583

                  BY ADVS.C.D.DILEEP
                  SHYLAJA VARGHESE
                  M.L.REMYA
                  DHEERAJ PRADEEP C.


RESPONDENTS:

       1          THE STATE OF KERALA
                  REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT,
                  SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695014

       2          THE REGISTRAR OF CO-OPERATIVE SOCIETIES
                  JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD.P.O,
                  THIRUVANANTHAPURAM, PIN - 695014

       3          THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES
                  CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, (CHAIRMAN,
                  DISTRICT LEVEL COMMITTEE)., PIN - 680003

       4          ADAT FARMER'S SERVICE CO-OPERATIVE BANK LTD NO.689
                  PURANATTUKARA.P.O, THRISSUR DISTRICT, REPRESENTED BY ITS
                  SECRETARY, PIN - 680551

       5          THE ADMINISTRATOR, ADAT FARMER'S SERVICE CO-OPERATIVE
                  BANK LTD NO.R.689, OFFICE OF THE ASSISTANT REGISTRAR OF
                  CO-OPERATIVE SOCIETIES, CIVIL STATION, AYYANTHOLE,
                  THRISSUR DISTRICT, PIN - 680003

       6          STATE LEVEL STEERING COMMITTEE REPRESENTED BY CHAIRMAN
                  CO-OPERATION, ONE TIME SETTLEMENT SCHEME OF CO-OPERATIVE
                  SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001


OTHER PRESENT:
           SRI. P C SASIDHARAN (SC), SMT. C S SHEEJA (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13221/2023                   2

                             JUDGMENT

The petitioner has approached this Court seeking a limited

relief. She prays that Ext.P7 request filed by her before the

Administrator of the 4th respondent Bank be considered and disposed

of within a time frame to be fixed by this Court. It is the case of the

petitioner that the petitioner is entitled to settle this loan account

under the provisions of the "നവക രള യ ടശ ന വ രണ

പദത -2023" (hereinafter referred to as the '2023 Scheme'). It is the

case of the respondent Bank that since credit facility in question is an

overdraft facility, the petitioner cannot claim that the account be

settled in terms of the 2023 Scheme. The learned counsel for the

petitioner has a case that though the loan in question is described as

an overdraft facility, the same cannot be considered as an overdraft

facility as the respondent Bank had obtained permission to grant

overdraft only in the year 2014, and the loan was availed prior to that.

2. Having heard the learned counsel for the petitioner and

the learned counsel appearing for the respondent Bank, this writ

petition will stand disposed of directing the 5 th respondent to consider

and pass orders on Ext.P7 forthwith. Considering the fact that the

term of the 2023 Scheme is set to expire on 30.4.2023, it is directed

that the petitioner shall appear before the Bank on 19.4.2023 on which

date Ext.P7 request submitted by the petitioner shall be considered

either by the Administrator or any other competent authority of the

Bank. Orders shall be issued on or before 30.4.2023.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 13221/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE LOAN PASS BOOK NO.02/08-09 DATED 13/11/2008 OF THE PETITIONER

Exhibit-P2 A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK SHOWING ALLOTMENT OF LOAN ON 13/10/2010 AS OD.2223 OF THE PETITIONER

Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK OD.NO.2527 DATED 21/10/2013 OF THE PETITIONER

Exhibit-P4 A TRUE COPY OF THE PETITION FOR SETTING ASIDE THE EX-PARTE AWARD PASSED ON 23/04/2018.

Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 31/05/2022 IN WP(C)NO.16944 OF 2022 OF THIS HON'BLE HIGH COURT.

Exhibit-P6 A TRUE COPY OF THE ONE TIME SETTLEMENT CIRCULAR NO.3/2023 DATED 31/01/2023 ISSUED BY THE 2ND RESPONDENT REGISTRAR

Exhibit-P6(a) A TRUE COPY OF THE CIRCULAR NO. 18/2023 DATED 30.03.2023 OF THE REGISTRAR.

Exhibit-P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3, 4 AND 5 DATED 14/02/2023.

Exhibit-P8 A TRUE COPY OF THE POSTAL RECEIPT DATED 15/02/2023

Exhibit-P8(a) A TRUE COPY OF THE POSTAL RECEIPT DATED 15/02/2023

Exhibit-P8(b) A TRUE COPY OF THE POSTAL RECEIPT DATED 15/02/2023