Sri. John.C.L vs The Authorized Officer
2023 Latest Caselaw 10571 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
            THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                 WP(C) NO. 34055 OF 2023
PETITIONER/S:

    1    SRI. JOHN.C.L.
         AGED 51 YEARS
         S/O LONAN, CHEMMAMADIYIL HOUSE, KUMBALAM.P.O.,
         KUMBALAM DESOM, KUMBALAM VILLAGE, KANAYANNUR
         TALUK, ERNAKULAM DISTRICT,, PIN - 682506
    2    SMT. MARY
         AGED 48 YEARS
         W/O JOHN, CHEMMAMADIYIL HOUSE, KUMBALAM.P.O.,
         KUMBALAM DESOM, KUMBALAM VILLAGE, KANAYANNUR
         TALUK, ERNAKULAM DISTRICT,, PIN - 684506
         BY ADV A.S.SASIDHARAN


RESPONDENT/S:

    1    THE AUTHORIZED OFFICER
         M/S PEOPLES URBAN CO-OPERATIVE BANK LTD. NO.51,
         HAVING HEAD OFFICE AT TRIPUNITHURA, ERNAKULAM
         DISTRICT,, PIN - 682031
    2    M/S PEOPLES URBAN CO-OPERATIVE BANK LTD. NO.51
         REPRESENTED BY ITS AUTHORIZED OFFICER, HAVING
         HEAD OFFICE AT TRIPUNITHURA, ERNAKULAM
         DISTRICT,, PIN - 682301
         BY ADVS.
         Devaprasanth P.J
         SMINI JOSE(K/262/2015)


OTHER PRESENT:

         DEVAPRASANTH P.J,SC
 W.P.(C) No.34055 of 2023
                                  ..2..




      THIS     WRIT    PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   16.10.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34055 of 2023
                                      ..3..




                                K.BABU, J.
                   -------------------------------------------
                     W.P.(C) No.34055 of 2023
                  ---------------------------------------------
             Dated this the 16th day of October, 2023


                               JUDGMENT

The prayers in this Writ Petition filed under

Article 226 of the Constitution of India are as follows:-

"i) To issue a writ of certiorari or any other appropriate writ order or direction to call upon the records pertaining to Exhibit-P1 and quash the same;

ii) To issue a writ of mandamus or any other appropriate writ order or direction to Respondent to allow the petitioner to regularize the housing loan by payment of EMI from 10.11.2022 onwards and arrears of EMI in one lump within a period of 6 months;

And

iii) To grant such other order or direction which this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case."

2. The 2nd petitioner availed a loan of Rs.7,50,000/-

from the respondent Bank mortgaging 1.21 Ares of land

in Block No.15, Re-Survey No.118/11 of Kumbalam

Village, Kanayannur Taluk, Ernakulam District. The

borrower committed default in repaying the amount due W.P.(C) No.34055 of 2023 ..4..

to the respondent Bank. The Bank Classified the loan

account as NPA and proceeded against the petitioners

under the SARFAESI Act.

3. The petitioners had approached this Court

earlier seeking regularisation of the account by filing W.P.

(C) Nos. 23542 of 2019 and 34110 of 2022 and this Court

had permitted them to remit the amount in instalments.

4. The learned counsel for the respondent Bank

submits that the petitioners failed to comply with the

directions given by this Court in the above writ petitions.

5. The powers conferred under Article 226 of the

Constitution of India are required to be exercised only in

extraordinary circumstances in matters pertaining to

proceedings and adjudicatory scheme and qua a statute,

more so in commercial matters involving a lender and a

borrower, when the legislature has provided for a specific

mechanism for appropriate redressal. Filing of the Writ

Petition by the borrowers before the High Court under

Article 226 of the Constitution of India is an abuse of the W.P.(C) No.34055 of 2023 ..5..

process of Court, unless extraordinary circumstances are

brought before the Court. {Vide: State Bank of

Travancore v. Mathew K.C [(2018) 3 SCC 85] and

South Indian Bank Ltd. v. Naveen Mathew Philip

(2023 SCC OnLine SC 435)}

6. I have gone through the pleadings. I find no

extraordinary circumstances to entertain the writ petition

by exercising the discretionary powers of this Court

under Article 226 of the Constitution of India.

The Writ Petition, therefore, stands dismissed.

K.BABU JUDGE kkj W.P.(C) No.34055 of 2023 ..6..

APPENDIX OF WP(C) 34055/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 11.2.2022 BY ADVOCATE COMMISSIONER APPOINTED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (MP/MLA) COURT, ERNAKULAM IN M.C. NO.257/2021 Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 8.12.2022 IN W.P.(C) NO.34110/2022