Pradeep M.V vs Thrissur District Co-Operative Bank ...
2024 Latest Caselaw 10881 Ker

Kerala High Court

Pradeep M.V vs Thrissur District Co-Operative Bank ... 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. 15007 OF 2024
PETITIONER:

              PRADEEP M.V
              AGED 38 YEARS
              S/O. VIJAYAN, MELEVEETTIL HOUSE, UDAYUR ROAD, KANIPPAYYU
              P.O, KUNNAMKULAM, THRISSUR, PIN - 680517
              BY ADV DEEPAK MOHAN


RESPONDENTS:

     1        THRISSUR DISTRICT CO-OPERATIVE BANK LTD
              KUNNAMKULAM BRANCH, KUNNAMKULAM, THRISSUR, REPRESENTED BY
              ITS BRANCH MANAGER, PIN - 680503
     2        DEPUTY TAHSILDAR (REVENUE RECOVERY)
              KUNNAMKUALM TALUK, TALUK OFFICE, KUNNAMKULAM, THRISSUR
              DISTRICT, PIN - 680503
              BY ADV SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
              CO.OPERATIVE BANK LTD.


     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. 15007 OF 2024
                                           2

                                    JUDGMENT

The petitioner has approached this Court

seeking a direction to the 1st respondent to

regularise the loan account by permitting him to

pay the overdues in 25 equal monthly

installments.

2. Today, Sri.Deepak Mohan - learned

counsel for the petitioner, submitted that,

pending this lis, the bank has already invited

his client for discussions on the afore

proposals asking to make an appropriate

representation for such purpose. He submitted

that, therefore, such liberty may be reserved to

his client.

3. Sri.P.C.Sasidharan - the learned

Standing Counsel for the respondent - Bank

affirmed the afore.

WP(C) NO. 15007 OF 2024

In the afore circumstances, I allow this

writ petition permitting the petitioner to

approach the 1st respondent - Bank with an

appropriate representation detailing all his

claims/requests; 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, after affording him an opportunity

of being heard; thus culminating in an

appropriate order and necessary action thereon,

as expeditiously as is possible.

Needless to say, until such time as the

afore is done - provided the petitioner makes a

representation in terms of the afore directions

- and the resultant order communicated to him,

all further coercive recovery action against him

will stand deferred, but can be taken forward

thereafter, depending upon such decision, WP(C) NO. 15007 OF 2024

without having to obtain any further orders from

this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 15007 OF 2024

APPENDIX OF WP(C) 15007/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF DEATH CERTIFICATE DATED 26.07.2023 ISSUED BY THE CHOVVANNUR GRAMA PANCHAYATH Exhibit P2 THE TRUE COPY]THE TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 11.12.2023 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT Exhibit P3 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 11.12.2023 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 14.02.2024 ISSUED BY THE 2ND RESPONDENT