Kerala High Court
Santhosh Kumar vs Joint Registrar (General) on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11619 OF 2024
PETITIONER:
SANTHOSH KUMAR
AGED 62 YEARS, S/O SIVARAJA PANICKER,
ORULODU MEKKUMKARA VEEDU, KUDAYAL.P.O.,
VELLARADA, THIRUVANANTHAPURAM, PIN - 695505
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
ABIN P. SHAJU
SURAJ S. KUMAR
NIRANJAN T. PRADEEP
P.BIJIMON
RESPONDENTS:
1 JOINT REGISTRAR (GENERAL)
OFFICE OF JOINT REGISTRAR (GENERAL), JAWAHAR
SAHAKARANA BHAVAN, 8TH FLOOR, DPI JUNCTION,
THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
2 SPECIAL SALE OFFICER
OFFICE OF THE SPECIAL SALE OFFICER,
NEYYATTINKARA PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
NO.T417, VAZHUTHOOR, NEYYATTINKARA.P.O.,
THIRUVANANTHAPURAM, PIN - 695121
3 NEYYATTINKARA PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
NO.T417, REPRESENTED BY ITS SECRETARY,
VAZHUTHOOR, NEYYATTINKARA.P.O.,
THIRUVANANTHAPURAM, PIN - 695121
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)
MABLE C. KURIAN - SR.GP
W.P.(C) No.11619 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.11619 of 2024
:3:
JUDGMENT
When this matter was called today, Sri.T.R.Harikumar -
learned counsel for the respondent Bank, submitted that, the
total outstanding in the Loan Account of the petitioner, as on
26.03.2024, is Rs.13,17,661/-; and that if he is willing to pay the
same in not more than 20 equal monthly installments, his client
will not stand in the way of this Court disposing of this writ
petition on such terms.
2. Sri.R.T.Pradeep - 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 petitioner to pay the total outstanding
amount in the Loan Account, namely, Rs.13,17,661/- as on
26.03.2024, with all applicable charges and interest, in 20 equal
monthly installments commencing from 15.05.2024. If this is
done, the Bank shall close the Loan account and return the
security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the
above directions, all further action pursuant to Ext.P3 will stand
deferred; but if he defaults payment of any two consecutive
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.
After I dictated this part of the judgment, Sri.R.T.Pradeep
further submitted that, his client may also be granted liberty to
move the Statutory Debt Relief Commission for any further
reliefs. Sri.T.R.Harikumar did not oppose this, however, saying
that, if no benefit is so obtained by the petitioner, then they may
not be allowed to violate the afore orders on such basis.
It is needless to say that, even if the petitioner is to invoke
their remedies before the Statutory Debt Relief Commission,
they will have to continue to pay as afore, but modulated by any
further benefit to be given by them.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 11619/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF TAX RECEIPT
NO.KL01040200721/2024 DATED 6.2.2024 OF
THE PROPERTY OF PETITIONER ISSUED FROM
VILLAGE OFFICE, ANAVOOR
Exhibit P2 TRUE COPY OF THE PHYSICAL DISABILITY
CERTIFICATE NO.1596/93 DATED 6.8.1993 OF
WIFE OF PETITIONER NAMELY SANJA RANI.S.R.
ISSUED FROM MEDICAL BOARD OF MEDICAL
COLLEGE HOSPITAL, THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF NOTICE (FILE NO. EP 85/21)
DATED 8.4.2022 FROM 2ND RESPONDENT TO THE
PETITIONER
RESPONDENTS' EXHIBITS : NIL.
