Shylesh K vs The Authorized Officer
2023 Latest Caselaw 3228 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                         WP(C) NO. 10144 OF 2023
PETITIONERS:

     1        SHYLESH K
              AGED 43 YEARS
              S/O. MUKUNDAN, KAMABANIKUNNUMMAL HOUSE, KARIYAD SOUTH,
              PERINGATHOOR, KANNUR DISTRICT - 670675.
     2        V. MUKUNDAN
              AGED 75 YEARS
              S/O. KANNAN, KAMABANIKUNNUMMAL HOUSE, KARIYAD SOUTH,
              PERINGATHOOR, KANNUR DISTRICT - 670675.
     3        NALINI C.K
              AGED 68 YEARS
              W/O. MUKUNDAN, KAMABANIKUNNUMMAL HOUSE, KARIYAD SOUTH,
              PERINGATHOOR, KANNUR DISTRICT - 670675.

              BY ADV VISHNUPRASAD NAIR


RESPONDENTS:

     1        THE AUTHORIZED OFFICER
              KERALA BANK (KERALA STATE CO-OPERATIVE BANK LTD.), KANNUR
              REGIONAL OFFICE, KANNUR - 670001.
     2        THE KERALA BANK
              (KERALA STATE CO-OPERATIVE BANK LTD.) PERINGATHUR EVENING
              BRANCH, THALASSERY, KANNUR DISTRICT - - 670141
              REPRESENTED BY ITS BRANCH MANAGER.

              BY ADV M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10144 OF 2023

                                      2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.10144 of 2023
                    --------------------------------------------
               Dated this the 23rd day of March, 2023

                               JUDGMENT

The petitioners have approached this Court seeking

regularisation of the loan by paying the amounts due in instalments.

Petitioners had earlier approached this Court in W.P.(C) No.67 of

2022 which was disposed of by Ext.P1 judgment granting 12 equated

monthly instalments for payment of the amounts overdue. Admittedly,

the said direction has not been complied with. The petitioners cannot

maintain a second writ petition for the same purpose. The remedy for

the petitioners is either to seek review of the judgment or to

challenge the judgment.

This writ petition is hence dismissed without prejudice to the

above reliefs. The dispossession shall be kept in abeyance for a

period of one week to facilitate the petitioners to move an

appropriate application.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 10144 OF 2023

APPENDIX OF WP(C) 10144/2023

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 4/1/2022 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 67/2022.

Exhibit P2 A TRUE COPY OF THE FIR IN CRIME NO. 72/2022 OF CHOKLI POLICE STATION, KANNUR DISTRICT. Exhibit P3 A TRUE COPY OF THE POSSESSION NOTICE DATED 14/3/2023 ISSUED BY THE RESPONDENTS TO THE PETITIONERS.