Kerala High Court
Venugopalan P.P vs The Director Of Social Justice 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. 8176 OF 2024
PETITIONER:
VENUGOPALAN P.P.
AGED 48 YEARS, S/O. NADI,
POTTEKALAMPADI HOUSE, VADAKKUMBRAM P.O.,
EDAYOOR, TIRUR TALUK, MALAPPURAM - 676552
BY ADV.
SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DIRECTOR OF SOCIAL JUSTICE,
DIRECTORATE OF SOCIAL JUSTICE,
5TH FLOOR, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
2 THE TIRUR CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED
TIRUR P.O., MALAPPURAM DISTRICT - 676101
REPRESENTED BY ITS GENERAL MANAGER
3 THE SPECIAL SALE OFFICER
THE TIRUR CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED,
HEAD OFFICE,TIRUR P.O., MALAPPURAM
DISTRICT, PIN - 676101
BY ADVS.
SRI.SAYED MANSOOR BAFAKHY THANGAL - SC
SMT.C.S.SHEEJA, SR.GP
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.8176 of 2024
:2:
JUDGMENT
The limited plea of the petitioner in this case is that the 1 st
respondent - Director of Social Justice, be directed to consider
Ext.P8 representation, wherein, he has detailed his grievances and
the reasons why he has been incapacitated to pay a loan which he
has availed of from the 2nd respondent, which is primarily on
account of severe financial crisis.
2. However, when this matter was called today, the learned
Senior Government Pleader - Smt.C.S.Sheeja, submitted that,
Ext.P8 has already been considered by the 1 st respondent, and that
instructions have been given to the 2 nd respondent Bank to give
them all concessions and discounts as are eligible and to treat his
case with empathy, taking note of his precarious fiscal situation.
She handed over a copy of the same across the Bar, saying that one
such has been given to the learned counsel for the petitioner also.
She added that, therefore, it is for the 2nd respondent to now take a
final decision.
3. The learned Standing Counsel for the 2 nd respondent -
Sri.Sayed Mansoor Bafakhy Thangal, submitted that his client has
nothing against the petitioner and that they are only interested in
recovery. He added that, therefore, if the petitioner is to approach
them with an appropriate application, the same will be considered
with all empathy that he deserves, adverting also to any
instructions that may have been received from the 1 st respondent.
4. Sri.C.M.Mohammed Iquabal - learned counsel for the
petitioner, acceded to the afore suggestion.
In the afore circumstances, I allow this Writ Petition, leaving
liberty to the petitioner to approach the 2 nd respondent with an
appropriate application for settlement of the loan account; and if
this is done within a period of one month from the date of receipt of
a copy of this judgment, its competent Authority will consider the
same, after affording him an opportunity of being heard and
adverting to any instructions that may have been received from the
1st respondent; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible, but not
later than two months thereafter.
Needless to say, until such time as the afore is done, and the
resultant order communicated to the petitioner, all further recovery
action against him qua the impugned notice will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 8176/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
PASSBOOK DATED NIL [MEMBERSHIP NO. V3462]
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE DISTRICT HOSPITAL, TIRUR DATED
26.03.2019
Exhibit P3 THE TRUE COPY OF THE COMMUNITY
CERTIFICATE ISSUED BY THE TIRUR TALUK
OFFICE DATED 26.08.2021
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 02.06.2022
Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 10.01.2023
Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER IN
W.P.(C).NO.2630/2023 OF THIS HON'BLE
COURT DATED 25.01.2023
Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO. 2630/2023 OF THIS HON'BLE COURT
DATED 22.02.2023
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 10.01.2024
Exhibit P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 15.01.2024
RESPONDENTS' EXHIBITS : NIL.
