Kerala High Court
Mahesh P. Bhaskar vs The Sale Officer on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 10402 OF 2023
PETITIONERS:
1 MAHESH P. BHASKAR,
AGED 40 YEARS,
S/O BHASKARA PILLAI, KANNIMEL KULANGARA VEEDU,
MANAKKARA SSATHAMCOTTA P.O, SASTHAMCOTTA VILLAGE,
KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 690 521.
2 PADMAKUMARI.S.,
AGED 66 YEARS,
W/O BHASKARA PILLAI, KANNIMEL KULANGARA VEEDU,
MANAKKARA SSATHAMCOTTA P.O, SASTHAMCOTTA VILLAGE,
KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 690 521.
BY ADV P.V.DILEEP
RESPONDENTS:
1 THE SALE OFFICER,
THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK (LTD) NO.Q 373, SASTHAMCOTTA .P.O,
KOLLAM DISTRICT, PIN - 690 521.
2 THE SECRETARY,
THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK (LTD) NO.Q 373, SASTHAMCOTTA.P.O,
KOLLAM DISTRICT, PIN - 690 521.
BY ADV SINDHU SANTHALINGAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10402 OF 2023
2
JUDGMENT
This writ petition is filed by the petitioners seeking the
following reliefs:-
(i)Issue a writ of certiorari or other appropriate writ
direction or order, commanding the respondents
not to initiate any further proceedings pursuant to
Exhibit - P1 notice against petitioner's 33 Cents of
property in Survey No.280/4 in Block No.14 of
Sasthamcotta Village Kollam District (13 Ares and
65 sq. mts) and to permit to repay the amount as
installments.
(ii)Issue a writ of mandamus or any other
appropriate writ, order or direction, demanding the
2nd respondent to furnish the petitioners with a
statement of accounts showing the exact amount
repayable by the petitioner towards the loan
amount.
(iii)Grant such other reliefs to the petitioners, as
this Hon'ble Court may deem fit, in the interest of
justice.
(iv)To dispense with producing English translation
of documents in vernacular languages.
2. The subject issue relates to the outstanding amount due
from the petitioners to the Sasthamcotta Co-operative Agricultural
WP(C) NO. 10402 OF 2023
Rural Development Bank (Ltd) No.Q 373, Kollam District. Petitioners
are aggrieved by Ext.P2 registered notice issued by the Bank directing
the petitioners to pay an amount of Rs.15,41,012/- (Rupees fifteen
lakhs forty one thousand and twelve only) as on 15.12.2022 along
with interest and other charges.
3. The learned counsel for the petitioners submitted that
petitioners may be permitted to pay the same in 15 equated monthly
instalments.
4. I have heard the learned counsel for the petitioners,
Sri.P.V.Dileep and the learned Standing Counsel for the respondent
Bank, Smt.Sindhu Santhalingam and perused the pleadings and
material on record.
Considering the fact that the petitioners are prepared to pay the
outstanding amount in equated monthly installments and taking into
account the adverse financial and economic situation prevailing in the
community; the writ petition is disposed of directing the petitioners
to pay the outstanding amounts specified above, in 15 equated
monthly installments, starting from 30.03.2023 and on the
corresponding dates of the succeeding months. I make it clear that if
any one of the installments is defaulted, the respondents will be at
WP(C) NO. 10402 OF 2023
liberty to proceed in accordance with law and recover the amount in
lump.
Sd/-
SHAJI P.CHALY
JUDGE
DK
WP(C) NO. 10402 OF 2023
APPENDIX OF WP(C) 10402/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT IN E.P-79/2015 DATED
09.03.2023.
Exhibit-P2 THE TRUE COPY OF THE NOTICE ISSUED BY
3RD RESPONDENT BANK DATED 15.12.2022.
