Kerala High Court
Vidya Binoy vs A & E Inspector on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12554 OF 2024
PETITIONERS:
1 VIDYA BINOY
AGED 38 YEARS
W/O BINOY ,KARUMATHIL HOUSE ,ANNAKKARA VILLAGE PERUVALLOOR
DESOM, CHAVAKKAD TALUK , THRISSUR DISTRICT, PIN - 680508
2 BINOY
AGED 53 YEARS
/OPRAHALADAN RESIDING AT KARUMATHIL HOUSE ,ANNAKKARA
VILLAGE PERUVALLOOR DESOM, CHAVAKKAD TALUK , THRISSUR
DISTRICT, PIN - 680508
BY ADV TULASI PANICKER
RESPONDENTS:
1 A & E INSPECTOR
ASSISTANT REGISTRAR (GENERAL ) OFFICE ASSISTANT REGISTRAR
GENERAL OFFICE CHAVAKKAD P.O. THRISSUR DISTRICT, PIN - 680506
2 MULLASSERY BLOCK PANCHAYAT MULTIPURPOSE CO-OPERATIVE SOCIETY
LTD
NO.R -1202, P.O. PUVATHOOR THRISSUR DISTRICT,REPRESENTED BY
THE SECRETARY., PIN - 680508
3 THE SECRETARY
MULLASSERY BLOCK PANCHAYAT MULTIPURPOSE CO-OPERATIVE SOCIETY
LTD. NO.R -1202, P.O. PUVATHOOR THRISSUR DISTRICT, PIN -
680508
BY ADVS.
N.U.HARIKRISHNA
MITHUN BABY JOHN(K/1270/2012)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12554 OF 2024
2
JUDGMENT
When this matter was called today, Sri.Mithun Baby John -
learned counsel for "Mullassery Block Panchayat Multipurpose Co-
operative Society Ltd." ('Bank' for short), submitted that, the total
outstanding in the Loan Account of the petitioners, as on
08.04.2024, is Rs.5,89,591/-; and that if they are willing to pay the
same in not more than 15 equal monthly installments, his client
will not stand in the way of this Court disposing of this writ
petition on such terms.
2. Smt.Tulasi Panicker - learned counsel for the petitioner, 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.5,89,591/- as on 08.04.2024, with all
applicable charges and interest, in 15 equal monthly installments
commencing from 01.06.2024. If this is done, the Bank shall close
the loan account and return the 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 Exts.P2 to P4 will stand
deferred; but if they defaults payment of any two consecutive
WP(C) NO. 12554 OF 2024
installments as ordered above, the 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
rp
WP(C) NO. 12554 OF 2024
APPENDIX OF WP(C) 12554/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF BANK PASS BOOK SHOWING REPAYMENT OF RS.1,
61,544/- TOWARDS ABOVE LOAN ACCOUNT THE NAME OF THE 1ST
PETITIONER
Exhibit P2 TRUE COPY OF AWARD IN 1561/2018 DATED 10/08/2018 ,
PASSED AGAINST THE PETITIONERS DIRECTING PAYMENT OF RS.
5,24,182 UNDER THE KERALA CO-OPERATIVE SOCIETIES ACT
Exhibit P3 TRUE COPY OF NOTICE DATED 7/6/2023 , ISSUED UNDER RULE 74
( 3) OF THE THE CO-OPERATIVE SOCIETIES RULE
Exhibit P4 TRUE COPY OF ATTACHMENT NOTICE BEFORE SALE DATED
26/02/2024 , ISSUED UNDER RULE 81 (D)OF THE CO-OPERATIVE
SOCIETIES RULE
