Kerala High Court
Pushpam Varghese vs State Of Kerala on 15 December, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945
WP(C) NO. 36710 OF 2023
PETITIONER:
PUSHPAM VARGHESE
AGED 55 YEARS, W/O T.P VARGHESE,
THARAYIL HOUSE, KOTTAT P.O,
CHALAKUDY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680 307.
BY ADV
AAMIR SOHRAB M. M.
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF CO-OPERATION,
REPRESENTED BY ITS SECRETARY, ROOM NO. 378,
1ST FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 001.
2 SPECIAL SALE OFFICER,
WEST CHALAKUDY SCB GROUP,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES, CHALAKUDY,
THRISSUR DISTRICT, PIN - 680 307.
3 SECRETARY,
WEST CHALAKUDY SERVICE COOPERATIVE BANK,
R.S ROAD, CHALAKUDY, THRISSUR DISTRICT,
PIN - 680 307.
4 WEST CHALAKUDY SERVICE COOPERATIVE BANK
(NO. R 262),
REPRESENTED BY SECRETARY R.S ROAD, C
HALAKUDY, THRISSUR DISTRICT, PIN - 680 307.
W.P.(C) Nos.36710 and 36770 of 2023
:2:
5 ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES,
CHALAKUDY, OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL) OF CO-OPERATIVE SOCIETIES,
CHALAKUDY, THRISSUR DISTRICT, PIN - 680 307.
BY ADV
T.N MANOJ T N - FOR R3 AND R4
RESMI THOMAS - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2023, ALONG WITH WP(C).36770/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.36710 and 36770 of 2023
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945
WP(C) NO. 36770 OF 2023
PETITIONER:
T.P VARGHESE,
AGED 59 YEARS, S/O T.D PORINCHU,
THARAYIL HOUSE, KOTTAT P.O,
CHALAKUDY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680 307.
BY ADV
AAMIR SOHRAB M. M.
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF CO-OPERATION,
REPRESENTED BY ITS SECRETARY, ROOM NO. 378,
1ST FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 001.
2 SPECIAL SALE OFFICER,
WEST CHALAKUDY SCB GROUP,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES, CHALAKUDY,
THRISSUR DISTRICT, PIN - 680 307.
3 SECRETARY,
WEST CHALAKUDY SERVICE COOPERATIVE BANK,
R.S ROAD, CHALAKUDY, THRISSUR DISTRICT,
PIN - 680 307.
W.P.(C) Nos.36710 and 36770 of 2023
:4:
4 WEST CHALAKUDY SERVICE COOPERATIVE BANK
(NO. R 262),
REPRESENTED BY SECRETARY R.S ROAD,
CHALAKUDY, THRISSUR DISTRICT,
PIN - 680 307.
5 ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES,
CHALAKUDY, OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL) OF CO-OPERATIVE SOCIETIES,
CHALAKUDY, THRISSUR DISTRICT, PIN - 680 307.
BY ADV
T.N MANOJ T N - FOR R3 AND R4
RESMI THOMAS - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2023, ALONG WITH WP(C).36710/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.36710 and 36770 of 2023
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JUDGMENT
Dated this the 15th day of December, 2023
These writ petitions are filed by wife and husband
respectively, who have availed financial advances from the
West Chalakudy Service Co-operative Bank. When the
petitioners failed to remit the loan instalments, the Bank has
initiated arbitration proceedings and has obtained Ext.P1
awards.
2. The petitioners have filed these writ petitions
seeking to issue a writ of mandamus directing the Bank to
grant the petitioners six months time to repay the entire
amount due to the Bank and to consider Ext.P2 letter. Ext.P2
letter is one which requests the Bank to exclude the
residential property of the petitioners from coercive
proceedings. The petitioners state that they are residing in
the said residential property and if the said property is sold,
W.P.(C) Nos.36710 and 36770 of 2023
the petitioners will be thrown to streets.
3. Standing Counsel entered appearance on behalf
of respondents 3 and 4 and resisted the writ petitions. The
Standing Counsel pointed out that the request of the
petitioners for exclusion of the property has already been
considered and rejected by the Bank and the fact was
communicated to the petitioners.
4. Taking into consideration the facts of the case, I
am inclined to dispose of the writ petitions, granting six
months time for the petitioners to repay the entire
outstanding amounts along with accrued interest and other
Bank Charges.
The writ petitioners are therefore disposed of
permitting the petitioners to repay the entire outstanding
amount due to the Bank along with accrued interest and
other Bank Charges, if any, in six equal and consecutive
monthly instalments. First of such instalments shall be paid
on or before 15.01.2024. If the petitioners commit any
defaults in making payments as directed above, the
W.P.(C) Nos.36710 and 36770 of 2023
respondents will be at liberty to proceed against the
petitioners. If the petitioners adhere to the time schedule for
payment, coercive proceedings, if any, shall stand deferred.
Sd/-
N. NAGARESH
JUDGE
AMR
W.P.(C) Nos.36710 and 36770 of 2023
APPENDIX OF WP(C) 36710/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD ISSUED BY
RESPONDENT NO.2 IN ARC 1328/2022,
DATED 29.11.2022.
Exhibit P2 A TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO RESPONDENT NO.3,
DATED 06.10.2023.
W.P.(C) Nos.36710 and 36770 of 2023
APPENDIX OF WP(C) 36770/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD ISSUED BY
RESPONDENT NO.2 IN ARC 1329/2022,
DATED 29.11.2022.
Exhibit P2 A TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO RESPONDENT NO.3,
DATED 06.10.2023.
