Kerala High Court
Justin V J vs Headmistress on 6 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 12770 OF 2024
PETITIONER:
JUSTIN V J
AGED 44 YEARS
S/O SAMSUN, UPPER PRIMARY SCHOOL TEACHER,
POONTHOTTAM ST.JOSEPH'S L.P.SCHOOL, PUNNAPRA,
ALAPPUZHA, PIN - 688004.
BY ADVS.
MATHEW JAMES
AHALYA S.
RESPONDENTS:
1 HEADMISTRESS
POONTHOTTAM ST.JOSEPH'S L.P.SCHOOL, PUNNAPRA,
ALAPPUZHA, PIN - 688004.
2 SECRETARY
KERALA STATE CO-OPERATIVE BANK LTD,
SCHEDULED BANK, ALAPPUZHA BRANCH,
ANPURAM WARD, PIN - 688012.
3 PRASHANTH SAMSON
AGED 42 YEARS
ST AUGUSTINES HIGH SCHOOL,
MARARIKULAM, ALAPPUZHA, PIN - 688523
4 SEBASTIAN K F
AGED 58 YEARS
KARUKAPPARAMBIL HOUSE, PUNNAPRA,
ALAPPUZHA, PIN - 688004.
BY ADVS.
THOMAS ABRAHAM, SC
ARUN KUMAR M.A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12770 OF 2024
-2-
JUDGMENT
The petitioner concedes to be the guarantor
of a loan availed of by the 3rd respondent from
the Kerala State Co-operative Bank ('Kerala
Bank', for short). He says that the said Bank
has initiated recovery action against him on
account of the default by the said respondent,
but without even issuing him any notice or
causing any recovery against him. He says that
he, therefore, preferred Ext.P2 representation,
detailing the financial sources of the 3rd
respondent; and prays that it be directed to be
considered by the Bank.
2. Sri.Mathew James - learned counsel for
the petitioner, further explained that his
client has already paid an amount of
Rs.2,10,408/- towards the loan account under
duress; and that any further recovery from him
would cause him irreparable prejudice. He,
WP(C) NO. 12770 OF 2024
therefore, prayed that the competent Authority
of the Bank be directed to take up Ext.P2 and
dispose of the same, within a time frame to be
fixed by this Court.
3. Sri.Thomas Abraham - learned Standing
Counsel for the 'Kerala Bank', in response,
submitted that this Writ Petition is not
maintainable because the petitioner is conceded
to be the surety of a loan; and thus his client
having the liberty to proceed against him also
in terms of the declarations and undertakings
given by him. He, however, added that, if this
Court is only inclined to direct his client to
consider Ext.P2, then it can be done by its
competent Authority; however, praying that no
affirmative declarations be made in his favour
in this judgment.
4. I have no doubt that the afore stand of
Sri.Thomas Abraham is without error because,
WP(C) NO. 12770 OF 2024
when the petitioner concedes that the loan is in
arrears, with him being its surety, the right of
the Bank to proceed against him cannot be
questioned; however, since the petitioner has
pointed out in Ext.P2 that the 3rd respondent has
enough sources, obviously the Bank also must
consider the same because, it is in their
interest that recovery is made at the earliest.
5. I notice from the file that the 4th
respondent has been validly served summons from
this Court. However, he has chosen not to be
present in person, or to be represented through
counsel; thus inferentially guiding me to the
impression that he has nothing to offer in
opposition to the reliefs claimed by the
petitioner in this Writ Petition.
In such perspective, I allow this Writ
Petition and direct the competent Authority of
the 'Kerala Bank' to take up Ext.P2
WP(C) NO. 12770 OF 2024
representation of the petitioner and dispose of
the same, after affording him and the 3 rd
respondent, as also the 4th respondent, an
opportunity of being heard; thus culminating in
an appropriate order and necessary action
thereon, as expeditiously as is possible.
Needless to say, until such time as the
afore is done and the resultant order
communicated to the petitioner, further coercive
recovery action against him will stand deferred;
however, clarifying that it can be continued by
the 'Kerala Bank' against both respondents 3 and
4.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 12770 OF 2024
APPENDIX OF WP(C) 12770/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE FORM 51 B PAY BILL
REGISTER SHOWING THE MONTHLY RECOVERY
AMOUNT OF RS. 4,000/- FROM MARCH 2018
TO FEBRUARY 2020
EXHIBIT P1(A) THE RECOVERY DETAILS SHOWING THE YEAR
MARCH 2016 TO JULY 2020
EXHIBIT P2 THE REQUEST BY PETITIONER TO 1ST
RESPONDENT DATED 30/01/2024
