Rajan vs State Of Kerala
2023 Latest Caselaw 7100 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                       WP(C) NO. 33483 OF 2022
PETITIONER:

           RAJAN, AGED 60 YEARS, S/O. CHANDU, RESIDING AT
           KANNIVAYAL HOUSE, VAYALADA P.O. KOZHIKODE 673574.

           ANOOP JOSEPH
           ZERENE LINDA MITCHEL
           ASWANI THUVVAKKADAN
           PAUL P. ABRAHAM



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION,
           DEPARTMENT OF CO-OPERATION & REGISTRATION GOVT.
           SECRETARIAT, THIRUVANANTHAPURAM-695001

    2      THE SECRETARY,
           THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
           RURAL DEVELOPMENT BANK (D-3156), THAMARASSERY,
           KOZHIKODE-673573

    3      THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES,
           THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
           RURAL DEVELOPMENT BANK, THAMARASSERY, KOZHIKODE-673573

           BY ADV M.SASINDRAN
           SMT.MABLE C.KURIAN[ SR.GP]


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33483 OF 2022
                                2


                             JUDGMENT

The singular plea of the petitioner is that he be allowed

to pay off a loan liability with the "Thamarassery Primary Co-

operative Agricultural and Rural Development Bank" ("Bank"

for short) in thirty equal monthly instalments, since he is

suffering from cancer and thus forced to undergo very

expensive treatment. He also prays that the Bank be directed

to reduce the penal interest and such other eligible amounts so

that he can pay off the outstanding amounts, with the least

possible financial strain.

2. The afore request of Sri.Anoop Joseph - learned

counsel for the petitioner, was answered by Sri.M.Sasindran -

learned standing counsel for the Bank, saying that the overdue

in the loan account, as on this date, is Rs.8,26,932/-; while the

total outstanding is Rs.9,53,114/- as on 20.06.2023. He

submitted that the petitioner can be allowed to pay off the

total outstanding in not more than twenty four instalments,

since the term of the loan will also be over by them.

3. Sri.Anoop Joseph - learned counsel for the petitioner, WP(C) NO. 33483 OF 2022

accepted the afore, however, reiteratingly praying that the

Bank be directed to give his client other eligible concessions

also.

Adverting to the afore submissions, I allow this writ

petition with the following directions:

(a) I leave liberty to the petitioner to approach the Bank

with a request for reduction of the penal interest and such

other eligible amounts; and if this is done within a period of

two weeks from the date of receipt of a copy of this judgment,

its competent Authority will consider the same, after hearing

him and thus favour him with a decision on it, indicating the

actual amount due to close the loan account.

(b) On the afore order being received by the petitioner,

he will pay the amount reflected therein in 24 equal monthly

instalments commencing from the 30 th of the day mentioned in

the said order and continue to pay it on every successive

month on such date.

(c) Needless to say, if the amounts are paid in terms of

the afore directions by the petitioner, the loan account will WP(C) NO. 33483 OF 2022

finally stand settled and its title and security documents will be

returned to him without any avoidable delay thereafter.

(d) On the other hand, if the petitioner is to default

payment of three consecutive instalments in terms of the afore

directions, the Bank will be at full liberty to recover the entire

loan amount to be fixed in terms of (a) above, along with all

applicable charges and interest, without having to obtain any

further orders from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 33483 OF 2022

APPENDIX OF WP(C) 33483/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE DEPARTMENT OF SURGICAL ONCOLOGY, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE CASE RECORD OF THE PETITIONER FROM GOVERNMENT MEDICAL COLLEGE, HOSPITAL DEVELOPMENT SOCIETY, KOZHIKODE.

Exhibit P3 TRUE COPY OF THE PROCLAMATION NOTICE FOR AUCTION DATED 16.09.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE REPRESENTATION FROM THE PETITIONER DATED 17.10.2022 TO THE

Exhibit P5 TRUE COPY OF THE REPRESENTATION FROM THE PETITIONER DATED 18.10.2022 TO THE HONOURABLE MINISTER FOR CO-OPERATION AND REGISTRATION, GOVERNMENT OF KERALA