Kerala High Court
K.N. Vimanan vs The Manager, Kerala State Co-Operative ... on 4 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13510 OF 2021
PETITIONERS:
1 K.N.VIMANAN
AGED 60 YEARS, S/O NARAYANAN,
KIZHAKKEKUZHI PIPPILLIL HOUSE,
RAJAKKADU P.O.IDUKKI.
2 K.N. AJI,
AGED 52 YEARS, S/O NARAYANAN,
KIZHAKKEKUZHI PIPPILLIL HOUSE,
RAJAKKADU P.O.IDUKKI.
BY ADV A.S.SASIDHARAN
RESPONDENTS:
1 THE MANAGER
IDUKKI DISTRICT CO-COPERATIVE BANK,
IDUKKI-685 602.
2 THE AUTHORIZED OFFICER,
IDUKKI DISTRICT CO-OPERATIVE BANK,
IDUKKI-685 602.
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).3626/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 3626 OF 2022
PETITIONER:
PARUKUTTY NARAYANAN,
AGED 85 YEARS, W/O. NARAYANAN,
KIZHAKKE KUZHIPPILLIL, RAJAKKAD P.O.,
IDUKKI 685 566.
BY ADV PARUKUTTY NARAYANAN,(Party-In-Person)
RESPONDENTS:
1 THE MANAGER,
IDUKKI DISTRICT CO- OPERATIVE BANK,
IDUKKI 685 608.
2 THE AUTHORIZED OFFICER,
IDUKKI DISTRICT CO- OPERATIVE BANK,
IDUKKI 685 608.
3 K.N. VIMANAN,
AGED 60 YEARS, S/O. NARAYANAN,
KIZHAKKE KUZHIPPILLIL, RAJAKKAD P.O.,
IDUKKI 685 566.
4 K.N. AJI,
AGED 53 YEARS
S/O. NARAYANAN, KIZHAKKE KUZHIPPILLIL,
RAJAKKAD P.O., IDUKKI 685 566.
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
:3:
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).13510/2021,
38996/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 38996 OF 2023
PETITIONERS:
1 K.N. VIMANAN
AGED 62 YEARS, S/O. NARAYANAN,
KIZHAKKEKUZHI PIPPILLIL HOUSE,
RAJAKKADU P.O., IDUKKI - 685566.
2 K.N. AJI
AGED 52 YEARS, S/O NARAYANAN,
KIZHAKKEKUZHI PIPPILLIL HOUSE,
RAJAKKADU P.O., IDUKKI PIN - 685566.
BY ADV A.S.SASIDHARAN
RESPONDENTS:
1 THE MANAGER, KERALA STATE CO-OPERATIVE BANK
(KERALA BANK)
P.B. NO.2, IDUKKI COLONY.P.O.,
IDUKKI DISTRICT, PIN - 685506.
2 THE AUTHORIZED OFFICER
KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
P.B. NO.2, IDUKKI COLONY.P.O.,
IDUKKI DISTRICT, PIN - 685506.
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
:5:
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).3626/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
:6:
JUDGMENT
Dated this the 4th day of April, 2024
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
W.P.(C) No.13510 of 2021 has been filed by the
petitioners, who are brothers, seeking to direct the
respondents not to proceed against the property of the
petitioners and not to make any realisation and attachment
of the property. The petitioners also seek to direct the
respondents to receive the entire arrears of interest in 12
equal instalments from the petitioners.
2. The very same petitioners have filed W.P.(C)
No.38996 of 2023 seeking to direct the respondents not to
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
proceed against the property of the petitioners and seeking
to direct the respondents to receive the entire arrears of
interest to 12 equal monthly instalments.
3. W.P.(C) No.3626 of 2022 has been filed by the
mother of the petitioners in the afore writ petitions seeking to
direct respondents 1 and 2 not to evict the petitioner until the
death of the petitioner, who is 85 years old senior citizen.
4. It is evident from the pleadings that the petitioners
in W.P.(C) Nos.13510 of 2021 and 38996 of 2023 availed
financial advances from the Idukki District Co-operative
Bank. The petitioners could not maintain the loan account.
When the interest due fell into arrears to more than ₹10
lakhs, the respondents initiated coercive proceedings
invoking the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
Security Interest Act, 2002.
5. When the writ petition came up for admission on
05.04.2024, this Court passed an interim order in W.P.(C)
No.13510 of 2021, directing that coercive proceedings
against the petitioners shall be kept in abeyance for a period
of three months on condition that the petitioners deposit an
amount of ₹5 lakhs on or before 06.06.2022.
6. Standing Counsel submits that the said amount
has not been paid by the petitioners.
7. Going through the pleadings in the writ petitions,
it is evident that the petitioners are aggrieved by the steps
taken by the respondents invoking the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. If the petitioners
have any grievance regarding the measures taken by the
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
Bank under the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002, the petitioners have to approach
the competent Debts Recovery Tribunal under Section 17 of
the Act, 2002. A writ is not maintainable in such
circumstances.
The writ petitions are therefore dismissed granting
liberty to the petitioners to approach the competent Tribunal
if the petitioners are so advised.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
APPENDIX OF WP(C) 13510/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
20.4.2021 IN WPC NO 1848/2021 OF THIS
HONBLE COURT
Exhibit P2 TRUE COPY OF THE ORDER DATED 8.6.2021
OF THIS HONBLE COURT
Exhibit P3 TRUE COPY OF THE PETITION DATED
21.6.2021 SUBMITTED BY PETITIONERS
BEFORE THE RESPONDENTS
Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED
BY THE RESPONDENT BANK DATED
18.11.2021
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
APPENDIX OF WP(C) 3626/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
21.06.2021 SUBMITTED BY RESPONDENTS 3
AND 4 BEFORE THE IST RESPONDENT.
W.P.(C)Nos.13510/2021,
3626/2022 & 38996/2023
APPENDIX OF WP(C) 38996/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED
TO 2ND PETITIONER BY DR. SUJITH.A.N.,
MD DM (NEUROLOGY), MALANKARA ORTHODOX
SYRIAN CHURCH MEDICAL COLLEGE
HOSPITAL, KOLENCHERY DATED 4.4.2018
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE
DATED 18.11.2023 WITH RESPECT TO THE
PETITIONERS AFFIXED ON THEIR PROPERTY
BY THE RESPONDENTS
