Kerala High Court
Preetha K.S vs Special Sales Officer 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. 12615 OF 2024
PETITIONERS:
1 PREETHA K.S,
AGED 46 YEARS
W/O SATHYADEVAN P.S, RESIDING AT PERINGAYIL HOUSE,
MANALUR P.O., THRISSUR, PIN - 680617
2 SATHYADEVAN P.S.,
AGED 50 YEARS
S/O SHANKUNNI, RESIDING AT PERINGAYIL HOUSE, MANALUR
P.O., THRISSUR, PIN - 680617.
BY ADVS.
O.A.NURIYA
REVATHY P. MANOHARAN
NABIL KHADER
AZHAR ASSEES
ANAND B. MENON
RESPONDENTS:
1 SPECIAL SALES OFFICER,
ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, AYYANTHOL
PANCHAYAT, THRISSUR, PIN - 680617
2 SECRETARY,
MANALUR SERVICE CO-OPERATIVE BANK NO. 31, PIN - 680617
3 JOINT REGISTRAR (GENERAL),
CO-OPERATIVE DEPARTMENT,THRISSUR, PIN - 680617
BY ADVS.
SHIBIN K F
SEBY JOSEPH(K/71/1996)
GISON ALIYAS(K/003942/2023)
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. 12615 OF 2024
2
JUDGMENT
When this matter was called today, the
learned Standing Counsel for the 2nd respondent
- 'Manallur Service Co-operative Bank' ("Bank"
for short), submitted that if the petitioners
are interested, they can be allowed to pay off
the total amount in their loan account, which is
a sum of Rs.26,66,509/- as of today, along with
all applicable charges and interest, provided
they pay Rs.5,00,000/- of it on or before
31.05.2024 and the balance in not more than 12
equal monthly installments.
2. Smt.O.A.Nuria - learned counsel for the
petitioners, accepted the aforesaid suggestion
to pay Rs.5,00,000/- of it on or before
31.05.2024 and the balance in 12 equal monthly
installments, starting from 01.07.2024.
Taking note of the afore submissions, I
WP(C) NO. 12615 OF 2024
allow this writ petition, permitting the
petitioners to pay off Rs.5,00,000/- of the
aforementioned amount on or before 31.05.2024
and the balance in 12 equal monthly
installments, along with all applicable charges
and interest, starting from 01.07.2024.
Needless to say, if the petitioners continue
to pay as afore, all action pursuant to Exts.P4
and P5 will stand deferred; but if he defaults
in payment of two installments as ordered above,
all further action pursuant thereto can be taken
forward, without having to obtain further orders
from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 12615 OF 2024
APPENDIX OF WP(C) 12615/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE AWARD DATED IN 18.02.2022
Exhibit P2 TRUE COPY OF RECEIPTS ISSUED BY MANALUR
SERVICE COOPERATIVE BANK DATED 30.03.2024
Exhibit P3 TRUE COPY OF RECEIPT ISSUED BY MANALUR SERVICE
COOPERATIVE BANK DATED 19.01.2024
Exhibit P4 TRUE COPY OF SALE NOTICE ISSUED BY 1ST
RESPONDENT DATED 23.02.2024
Exhibit P5 TRUE COPY OF THE ADVERTISEMENT NOTICE FOR
AUCTION OF THE IMMOVABLE PROPERTY DATED
22.02.2024
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE HONOURABLE JOINT
REGISTRAR (GENERAL) COOPERATIVE DEPARTMENT,
THRISSUR ON 13.03.2024
