Ramya.K.P vs Sale Officer
2024 Latest Caselaw 9623 Ker

Kerala High Court

Ramya.K.P vs Sale Officer 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. 10241 OF 2023


PETITIONERS:

    1     RAMYA.K.P., AGED 37 YEARS, WIFE OF GIREESH.K.P,
          KURUPARAMBIL HOUSE, KAVILAKKAD, PUTHUPPALLI.P.O,
          PURATHUR, MALAPPURAM DISTRICT., PIN - 676102

    2     GIREESH.K.P., AGED 45 YEARS, SON OF SREEDHARAN,
          KURUPARAMBIL HOUSE, KAVILAKKAD, PUTHUPPALLI.P.O,
          PURATHUR, MALAPPURAM DISTRICT., PIN - 676102

          BY ADVS.
          A.ARUNKUMAR
          S.SHYAM KUMAR
          SACHIN GEORGE ARAMBAN


RESPONDENTS:

    1     SALE OFFICER, THE TIRUR PRIMARY CO-OPERATIVE
          AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
          NO.M.11, TIRUR, MALAPPURAM DISTRICT.,
          PIN - 676101

    2     THE TIRUR PRIMARY CO-OPERATIVE AGRICULTURAL AND
          RURAL DEVELOPMENT BANK LTD, REPRESENTED BY ITS
          BRANCH MANAGER, TIRUR BRANCH, P.O.TIRUR,
          MALAPPURAM DISTRICT-, PIN - 676101

          BY ADVS.
          RAJESH KUMAR R.
          M.B.SHYNI - R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 10241/23
                                          2

                                 JUDGMENT

When this matter was called today, the learned Standing

Counsel for the respondent-Bank, submitted that, even though an

amount of Rs.75,000/- has been ordered to be paid by the

petitioners by this Court through the interim order dated

23.03.2024, it has not been paid and that the total outstanding in

their loan account comes to Rs.7,22,259/-, as on 31.03.2024. She

added that, if the petitioners are willing to pay Rs.75,000/- on or

before 30.04.2024 and the balance in 15 equal monthly

installments, commencing from 15.06.2024, the account can be

regularised.

2. The learned counsel for the petitioners - Sri.A.Arun

Kumar, accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, permitting the petitioners to pay Rs.75,000/- on or before

30.04.2024 and the balance in 15 equal monthly installments,

along with all applicable charges and interest, starting from

15.06.2024.

Needless to say, if the amounts as afore are paid by the

petitioners, the account will stand closed and the Bank will return

to them all security documents as are necessary; but, if on the

contrary, any two installments are defaulted, the benefit of this

judgment will be lost to them and the Bank will be at full liberty

to pursue further action pursuant to Ext.P1 without having to

obtain further orders from this Court.

It is also needless to say, therefore, that as long as the

amounts as afore are paid, all further action pursuant to Ext.P1

will stand deferred.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                              JUDGE



                APPENDIX OF WP(C) 10241/2023

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE SALE NOTICE DATED 27-
                    02-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P2          A TRUE COPY OF THE PRESCRIPTION ISSUED BY

DR.ARAVIND KUMAR.K SENIOR RESIDENT, DEPT. OF CARDIOLOGY GOVT. MEDICAL COLLEGE, KOZHIKODE Exhibit P3 TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND PETITIONER