Thulasi K.B vs State Of Kerala
2024 Latest Caselaw 5112 Ker

Kerala High Court

Thulasi K.B vs State Of Kerala on 15 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  THURSDAY, THE 15TH DAY OF FEBRUARY    2024 / 26TH MAGHA, 1945

                      WP(C) NO. 36431 OF 2023

PETITIONER:

          THULASI K.B., AGED 52 YEARS, D/O BABU,
          KURUPPUPARAMBIL VEEDU, ANAPPUZHA P O.,
          KODUNGALLOOR, THRISSUR, PIN - 680664


          BY ADVS.V.K.DINESH KUMAR
          SANEL CHERIAN

RESPONDENTS:

   1      STATE OF KERALA, REPERSENTED BY SECRETARY,
          DEPARTMENT OF CO-OPERATION, GOVERNMENT,
          THIRUVANANTHAPURAM., PIN - 695001

   2      JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          OFFICWE OF THE JOINT REGISTRAR, AYYANTHOLE P.O.,
          THRISSUR, PIN - 680003

   3      THE SECRETARY, KODUNGALLOOR TALUK PRIMARY
          CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
          LTD. R1353, KODUNGALLOOR PO, THRISSUR, PIN - 680664

   4      THE SALE OFFICER, KODUNGALLOOOR TALUK PRIMARY
          CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
          LTD NO. R1353, KODUNGALLOOR P.O.THRISSUR.,
          PIN - 680664
          BY ADVS.T.R.HARIKUMARARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).36431 of 2023                 2




                                  JUDGMENT

The petitioner states that she had availed a loan for the sum of Rs.

5,00,000/- from the third respondent bank. Immovable property owned by her

was mortgaged as security. According to the petitioner, she suffered financial

difficulties and was not in a position to pay the amount in time. This has led the

respondents to issue Ext.P4 demand notice threatening the sale of the

property.

2. The learned counsel appearing for the petitioner submits that the

petitioner is prepared to pay the entire outstanding if twelve installments are

granted.

3. The learned Standing Counsel appearing for the third respondent

Bank submits that the total outstanding as of 14.11.2023 was Rs. 7,80,000/-. It

is further submitted that in terms of the orders issued by this Court, a sum of

Rs. 1,50,000/- has also been paid. It is further submitted that the respondents

have no objection to permitting the petitioner to remit the outstanding amount

in installments, however, not more than six installments be granted.

4. Upon careful consideration of the submissions made by both parties,

it is evident that the petitioner owes in excess of Rs.7.80 lakhs to the third

respondent Bank. The respondents, very fairly, have agreed to permit the

petitioner to settle these debts through a limited number of installments. As a

measure of last resort, I am inclined to issue directions to facilitate the

petitioner in discharging her financial obligations to the 3rdt respondent. This

approach is deemed necessary to provide a structured pathway for the

petitioner to clear off her monetary liabilities in a manageable manner.

5. Resultantly, this writ petition is ordered, and the following directions

are issued:

(i) The petitioner shall approach the 3rd respondent with a request to inform her of the details of the outstanding amount together with interest and other charges due from her in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the 3rd respondent shall forthwith issue a statement in writing detailing the amounts.

(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in twelve (12) equal monthly installments commencing from 01.04.2024, and continue to pay the same on every successive month thereafter until the entire

loan is wiped off.

(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against her by the respondents for the realization of the amount shall be kept in abeyance.

(iv) It is made clear that if the petitioner commits default of any two installments, she will lose the benefit of this judgment, and the concerned respondents will be free to continue the recovery proceedings against her from the stage at which she presently stands and recover the entire amount along with interest and other charges.

(v) It is further made clear that no application for an extension of time will be entertained.

sd/-

RAJA VIJAYARAGHAVAN V, JUDGE DCS

APPENDIX OF WP(C) 36431/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGEMENT IN WPC 1834/2023 DATED 10.3.23 Exhibit P2 THE TRUE COPIES OF THE CASH RECEIPTS OF RS.16965 DATED 31.3.23 Exhibit P3 THE TRUE COPY OF THE CASH RECEIPTS OF RS.83,035 DATED 31.3.23 Exhibit P 4 TRUE COPY OF THE NOTICE DATED 25.10.23 Exhibit P 5 TRUE COPY OF THE CIRCULAR DATED 4.11.1989 Exhibit P 6 TRUE COPY OF THE CIRCULAR DATED 27.1.1992