Kerala High Court
Aleyamma Jacob vs Union Bank Of India on 20 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
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6446 OF 2024
PETITIONER:
ALEYAMMA JACOB
AGED 67 YEARS
W/O.K.K.JACOB (LATE), PAZHAYAPEEDIKAYIL HOUSE, MARYGIRI,
VADAKKANCHERRY.P.O, PALAKKAD-678683.
NOW RESIDING AT PAZHAYAPEEDIKAYIL HOUSE, KANNANTHODATH
ROAD, EDAPPALLY.PO, ERNAKULAM, PIN - 682024.
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
LEKSHMI S.SEKHER
K.J.SUNIL
FEMY M.ANTONY
RESPONDENTS:
1 UNION BANK OF INDIA
REGIONAL OFFICE (FOR THRISSUR AND ALUVA), OPPOSITE RAILWAY
STATION, ALUVA.P.O, ERNAKULAM DISTRICT. REPRESENTED BY ITS
REGIONAL MANAGER, PIN - 683101.
2 BRANCH MANAGER
UNION BANK OF INDIA, VADAKKANCHERRY BRANCH, GROUND FLOOR,
CITY PARK BUILDING, T.B.ROAD, VADAKKANCHERRY.PO, PALAKKAD,
PIN - 678683.
SRI A S P KURUP, SC FOR UNION BANK OF INDIA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6446 OF 2024 2
JUDGMENT
The petitioner herein is a senior citizen. She contends that she,
along with her deceased husband, approached the 1st respondent Bank and
availed a loan by way of a reverse mortgage on 4.6.2011. Her husband
passed away on 4.10.2020. According to the petitioner, she has now decided
to close the mortgage loan. Seeking appropriate action, she has submitted
Exts.P3 and P4 representations for a waiver of interest and penal interest on
the loan account. The grievance of the petitioner is that though the
representations were filed as early as on 7.11.2023 and 12.2.2024, no
decision has been taken yet. It is on these assertions that this writ petition is
filed seeking directions.
2. I have heard the learned counsel appearing for the petitioner
and the learned Standing Counsel appearing for the respondent Bank.
3. Having regard to the submissions advanced, there will be a
direction to the 1st respondent to consider Ext.P4 representation submitted
by the petitioner and to take appropriate decision with notice to the
petitioner. A decision shall be taken within a period of two weeks from the
date of receipt of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 6446/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT IN LOAN
ACCOUNT NO-611206750000001 ISSUED BY THE
RESPONDENT NO-2 DATED 02.11.2023.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE SERIAL
NO-CERTNO/DEATH/2020/6212 DATED 19.10.2020
ISSUED BY THE KOCHI MUNICIPAL CORPORATION.
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE RESPONDENT NO-2 DATED
07.11.2023.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE RESPONDENT NO-1 DATED
12.02.2024.
