Sujatha. K. R vs The Special Sale Officer
2024 Latest Caselaw 10620 Ker

Kerala High Court

Sujatha. K. R vs The Special Sale 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. 12656 OF 2024
PETITIONER(S):

          SUJATHA. K. R
          AGED 61 YEARS
          W/O SATHYAN, PANJAVALLY HOUSE, MANNAM DESAM, MANNAM.
          P.O, NANDIKULANGARA, KOTTUVALLY VILLAGE, NORTH PARAVUR
          TALUK, ERNAKULAM DISTRICT, PIN - 695013
          BY ADVS.
          P.S.SUJETH
          M.R.REENA


RESPONDENT(S):

    1     THE SPECIAL SALE OFFICER
          OFFICE OF THE GANDHI SMARAKAM- SERVICE SAHAKARANA BANK
          GROUP ASSISTANT REGISTRAR, NORTH PARAVUR, ERNAKULAM
          DISTRICT, PIN - 683513
    2     THE SECRETARY
          THE PARAVUR MAHILA SAHAKARANA- SANGHAM LTD. NO. 1259,
          NEAR MOOKAMBIKA TEMPLE, NORTH PARAVUR. P.O, ERNAKULAM
          DISTRICT, PIN - 683513
          SMT.MABLE.C.KURIAN, SR.GOVERNMENT PLEADER
     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. 12656 OF 2024

                                              2

                                          JUDGMENT

The limited plea of the petitioner is that

the respondent - Bank be directed to allow her

to pay off the overdue amount in her loan

account in 20 equal monthly installments, so

as to have it regularised. She submitted that

she is constrained to make this request

because of the financial constraints she is

facing and hence being unable to make payment

in lump sum.

2. The endorsements on the files of this

case indicate that the petitioner has already

taken out notice to the first respondent by

Email and in fact, when this matter was

considered by this Court on 02.04.2024, I

requested the learned Government Pleader to

make arrangements, through the Liaison

Officer, to inform the respondent - Bank

appropriately. She today confirms that this

has been done.

WP(C) NO. 12656 OF 2024

3. It is rather distressing that the first

respondent has still refused to appear before

this Court. However, this cannot be a reason

for this Court to refrain from passing

appropriate orders.

4. In the afore circumstances, I allow

this writ petition, leaving liberty to the

petitioner to approach the Bank with an

appropriate representation seeking any

relief/claim that she may make; and if this is

done within a period of two weeks from the

date of receipt of a copy of this judgment,

the same shall be considered by the competent

Authority of the said Bank, after affording

her an opportunity of being heard, thus

culminating in an appropriate order and

necessary action thereon without any avoidable

delay thereafter.

5. Needless to say, until such time as the

afore is done and the resultant order

communicated to the petitioner, the interim WP(C) NO. 12656 OF 2024

order granted by this Court on 26.03.2024 will

continue to be in operation.

I, however, clarify that I have not

entered into the merits of the claims of the

petitioner and that they are left to be

decided by the respondent - Bank

appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Mn WP(C) NO. 12656 OF 2024

APPENDIX OF WP(C) 12656/2024

PETITIONER EXHIBITS Exhibit -P1 THE TRUE COPY OF THE SALE NOTICE DATED 21-02- 2024, ISSUED TO THE PETITIONER Exhibit -P1(a) THE TRUE COPY OF THE SALE NOTICE DATED 21-02- 2024, ISSUED TO THE DAUGHTER OF THE PETITIONER Exhibit -P2 THE TRUE COPY OF THE REPRESENTATION DATED 25- 02-2024 SENT BY THE PETITIONER