Kerala High Court
T.P.Rajagopal vs Kerala State Co-Operative Bank Ltd on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12985 OF 2024
PETITIONER/S:
T.P.RAJAGOPAL
AGED 67 YEARS
S/O.PARAMESWARAN PILLA, PALLITTAYIL HOUSE, CHIRAKKADAVU
EAST P.O., CHIRAKKADAVU VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686506
BY ADVS.
C.HARINDRAMOHAN NAIR
SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE BANK LTD.
P.B.NO.6515, COBANIC TOWERS, PALAYAM,
THIRUVANANTHAPURAM,, REPRESENTED BY ITS GENERAL
MANAGER, PIN - 695033
2 DEPUTY GENERAL MANAGER, KERALA STATE CO-OPERATIVE BANK
LTD.,KOTTAYAM REGIONAL OFFICE, P.B.NO.140, CENTRAL
JUNCTION, KOTTAYAM,, PIN - 686001
3 DISTRICT COLLECTOR
KOTTAYAM COLLECTORATE P.O., KOTTAYAM., PIN - 686001
4 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, KERALA SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.SRI.ATHUL SHAJI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12985 OF 2024
2
JUDGMENT
The petitioner says that he is willing to pay
off the entire liability in the loan account
availed of by him from the 1 st respondent Bank
within three months, by Private sale of the
secured property.
2. Sri.Athul Shaji, the learned Standing
Counsel for the respondent-Bank, responded to the
afore request of the petitioner, as made by his
learned counsel-Sri.C.Harindramohan Nair, saying
that the petitioner can approach the Bank for a
one-time settlement, but not under any scheme,
because the last one had already expired. He added
that he can also be allowed to pay off the total
liability in the loan account, which is to a sum
of Rs.20,37,557/- as on 11.04.2024, in few
instalments.
3. Sri.C.Harindramohan Nair, the learned
counsel for the petitioner submitted that his
client will approach the Bank with a
representation requesting either of the afore and
WP(C) NO. 12985 OF 2024
prayed that the same be directed to be disposed
of, before the secured asset is put to sale.
Taking note of the afore submissions, I allow
this writ petition in the following manner:
(a) The petitioner is at liberty to approach
the respondent Bank with an apposite
representation-either seeking settlement of the
loan account by sale of the secured asset, or to
pay off the total outstanding in instalments; and
if this is done within a period of three weeks
from the date of receipt of a copy of this
judgment, the same shall be considered by the
competent authority of the Bank and the resultant
order communicated to the petitioner, without any
avoidable delay thereafter.
(b) Needless to say, until such time as the
afore is done and the resultant order communicated
to the petitioner, the sale if any, conducted
pursuant to Ext.P3, shall not be confirmed; and if
the petitioner is to abide by the directions to be
issued by the Bank resultant to the afore
directions, then the same shall be cancelled and
WP(C) NO. 12985 OF 2024
he be permitted either to settle the account; or
pay off the outstanding in instalments-as the case
may be.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mn
WP(C) NO. 12985 OF 2024
APPENDIX OF WP(C) 12985/2024
PETITIONER EXHIBITS
Exhibit - P1 TRUE COPY OF THE NOTICE, DATED 18.10.2023,
ISSUED TO THE PETITIONER, BY THE
KANJIRAPPALLY BRANCH MANAGER.
Exhibit - P2 TRUE COPY OF THE REPLY, DATED 1.2.2024,
ISSUED BY THE SECOND RESPONDENT.
Exhibit - P3 TRUE PHOTOGRAPH OF THE BANNER IN THE PROPERTY
OF THE PETITIONER, THAT IT IS GOING TO BE
SOLD ON 27.03.2024, AS SALE NOTICES WERE
PUBLISHED IN DESABHIMANI DAILY AND INDIAN
EXPRESS DAILY.
