Kerala High Court
Hamsakoya vs State Of Kerala on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 6728 OF 2024
PETITIONERS:
1 HAMSAKOYA
AGED 60 YEARS
S/O KONARI ALAVI KONARI, THEKKEPURAM CHETTIPADI,
KOTAKKAD, MALAPPURAM DISTRICT, PIN - 676319
2 NASEERA
AGED 45 YEARS
W/O HAMSAKOYA, THEKKEPURAM CHETTIPADI, KOTAKKAD,
MALAPPURAM DISTRICT, PIN - 676319
BY ADVS.
M.ANUROOP
M.DEVESH
MURSHID ALI M.
ABRAHAM RAJU CYRIAC
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DEPUTY TAHSILDAR (RR)
THIRURANGADI TALUK, THIRURANGADI P.O.,
MALAPPURAM DISTRICT, PIN - 676306
3 THE FEDERAL BANK LTD
THENHIPALAM BRANCH, MALAPPURAM DISTRICT, REPRESENTING
BY ITS BRANCH MANAGER, PIN - 676317
BY ADVS.
SUJESH KUMAR K P
VARUGHESE CHERIAN
M.A.AUGUSTINE(K/000511/2005)
S.S.JAYAKALA(K/1001/2006)
A.R.NIMOD(K/539/2008)
SOUMYA JAMES(K/770/2008)
MITHUL T ANTO(K/3652/2023)
ANLIT THERESE SHAJI(K/962/2023)
SRI.P.PAULOCHAN ANTONY
SMT.C.S.SHEEJA - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6728 OF 2024 2
JUDGMENT
When this matter was called today, Sri.P.Paulochan Antony -
learned Standing Counsel for the 3rd respondent - Bank, submitted that,
the total outstanding in the loan account of the petitioners, as on
27.03.2024, is Rs.20,08,166/-; and that if they are willing to pay the
same in not more than 24 equal monthly installments, his client will not
stand in the way of this Court disposing of this writ petition on such
terms.
2. Sri.M.Anuroop - learned counsel for the petitioners, fully agreed
to the afore and prayed that this writ petition be thus ordered.
In the afore circumstances, I allow this writ petition, granting
liberty to the petitioners to pay the total outstanding amount in the loan
account, namely, Rs.20,08,166/ as on 27.03.2024, with all applicable
charges and interest, in 24 equal monthly installments commencing from
15.05.2024. If this is done, the 3rd respondent - Bank shall close the loan
account and return the title deed and security documents to them, on
proper receipt.
Needless to say, as long as the petitioners pay as per the above
directions, all further action pursuant to Ext.P1 & P2 will stand deferred;
but if they default payment of two consecutive installments as ordered
above, the 3rd respondent - Bank will be at full liberty to invoke
appropriate remedies for recovery of the total balance amount as per
law, without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/6.4
APPENDIX OF WP(C) 6728/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE U/S 7 & 34
ISSUED BY THE DEPUTY TAHASILDAR (RR),
THIRURANGADI TALUK TO 1ST PETITIONER DATED
05-02-2024
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE U/S 7 & 34
ISSUED BY THE DEPUTY TAHASILDAR (RR),
THIRURANGADI TALUK TO 2ND PETITIONER DATED
05-02-2024
