Kerala High Court
Jaya Boddody vs The Branch Manager on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
W.P.(C) NO.35274 OF 2023
PETITIONER:
JAYA BODDODY,
AGED 44 YEARS, S/O. BALLU,
BODDODI HOUSE,
VARKODY P.O., KASARGOD DISTRICT, PIN-671 323.
BY ADV. DEEPAK RAJ
RESPONDENTS:
1 THE BRANCH MANAGER,
THE VORKODY SERVICE CO-OPERATIVE BANK LIMITED NO.C321,
VORKODY P.O., MANJESHWAR,
KASARAGOD DISTRICT, PIN-671 323.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF CO-OPERATION, ROOM NO: 397,
1ST FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
SMT.C.S.SHEEJA, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.35274 of 2023
-:2:-
JUDGMENT
Dated this the 3rd day of April, 2024
Amidst the various allegations, averments and assertions
made and urged in this writ petition, the petitioner seeks that
a loan liability availed of by him be allowed to be regularised
in 24 equal monthly instalments.
2. Even though service of summons has been validly
completed on respondent No.1, for some reason, they have
chosen not to be present in person or represented by counsel.
Unfortunately this Court cannot remain waiting for the party
respondents to appear and hence, I am now constrained to
dispose of this writ petition.
3. Smt.C.S. Sheeja, learned Senior Government
Pleader for respondent No.2 submitted that a decision
regarding the regularisation of loan and the permission to do
so in monthly instalments are to be taken only by the Bank
and no one else.
4. Taking note of the afore submissions, I allow this
writ petition, leaving liberty to the petitioner to approach the
1st respondent with an appropriate representation impelling
all claims and 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 by the said Authority, after
affording her an opportunity of being heard; thus culminating
in an appropriate order and necessary action thereon, without
any avoidable delay.
5. Needless to say, until such time as the afore is
done, and the resultant order communicated to the petitioner,
all further recovery action pursuant to Exts.P3 and P4 will
stand deferred and will be taken forward only depending upon
the decision so arrived at.
6. It is also clarified that, the contention of the
petitioner - that she was offered to be appointed as a Night
Watchman, relying on Ext.P4 - will also be considered by the
1st respondent, if it is so impelled in the representation to be
preferred in terms of the afore directions.
It also goes without saying that, until such time as the
petitioner's request for being appointed as a Night Watchman
is so considered, the same shall not be filled up with any other
person, if it is still vacant.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
APPENDIX OF WP(C) 35274/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 21/3/2022 ISSUED BY THE
TAHSILDAR,MANJESHWAR TALUK OFFICE
Exhibit P2 TRUE COPY OF THE HALL TICKET DATED
15/12/2022 ISSUED BY THE 1ST
RESPONDENT BANK FOR THE WRITTEN
EXAMINATION FOR THE POST OF "NIGHT-
WATCHMAN"
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
23/2/2023ISSUED BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF COMMUNICATION DATED
10/7/2023 OF THE FIRST RESPONDENT
