Kerala High Court
Jayaprakash S vs The Special Sale Officer on 6 March, 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
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 8977 OF 2024
PETITIONER:
JAYAPRAKASH S
AGED 57 YEARS
S/O LATE SUKUMARAN NAIR, JAYAMOHANAM HOUSE, ELANTHOOR P.O &
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689643.
BY ADVS.
V.SETHUNATH
THOMAS ABRAHAM (K/1051/2010)
SREEGANESH U.
LAKSHMINARAYAN.R
SNEHA MARY SANTHOSH
RESPONDENTS:
1 THE SPECIAL SALE OFFICER
OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE (GENERAL)
OMALLOOR SCB GROUP, KOZHENCHERRY.P.O. PATHANAMTHITTA
DISTRICT, PIN - 689641.
2 THE ELANTHOOR SERVICE CO-OPERATIVE SOCIETY LTD. NO. 460
REPRESENTED BY ITS SECRETARY, ELANTHOOR P.O,
PATHANAMTHITTA DISTRICT, PIN - 689643.
SRI.JACOB P. ALEX, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8977 OF 2024 2
JUDGMENT
The petitioner states that he has attained superannuation while
working as a Tahsildar in the Revenue Department. He had availed credit
facilities from the respondent Bank. When default was committed,
proceedings were initiated against him for realising the amount. An award
was passed and when the same was put in execution, he approached this
Court and filed W.P.(C) No.36474 of 2022.
2. A learned Single Judge of this Court, by judgment dated
6.7.2023, taking note of the submissions of the learned counsel that his
only request is for payment of the amounts in installments, granted an
opportunity to the petitioner to clear off the outstanding being
Rs.15,69,031/- together with accrued interest in 15 equated monthly
installments.
3. The petitioner asserts that he has not been able to
comply with the directions. However, as directed by this Court at the
admission stage, he has remitted a sum of Rs. 2 lakhs.
4. The petitioner asserts that the Registrar has issued
Ext.P4 Circular No.9/2024 dated 28.2.2024, extending the benefits of OTS
till 31.3.2024. The petitioner states that he is also entitled to the benefits
of the Circular. He states that he has submitted Exts.P5(a) and (b)
applications before the 1st and 2nd respondents seeking extension of
benefits of Ext.P4. The grievance of the petitioner is that no action has
been taken. It is on these assertions that this writ petition is filed seeking
issuance of directions to the respondents to consider Exts.P5(a) and (b)
OTS applications in terms of the OTS Scheme announced by the
Government and to keep in abeyance the auction proceedings till
31.3.2024.
5. Sri. V.Sethunath, the learned counsel appearing for the
petitioner submitted that the attempt of the petitioner is to clear the entire
outstanding if the benefits emanating from Ext.P4 Circular is extended to
him.
6. The learned Standing Counsel appearing for the
respondents has stoutly opposed the submissions. He would point out that
the petitioner had failed to comply with the directions issued by this Court
in the earlier writ petition and therefore, he is not entitled to any
discretionary relief. It is submitted that auction proceedings have been
initiated, and the auction is scheduled to be held on 11.3.2024. According
to the learned counsel, if this Court interferes with the auction, it would not
be possible for the bank to realize the sum of Rs.17,96,000/- which remains
outstanding from the petitioner.
7. I have considered the submissions advanced and have
perused the records.
8. I find that the petitioner had earlier approached this
Court, and Ext.P3 judgment was rendered in his favour. Admittedly, the
directions have not been complied with. However, I find that the Registrar
has come out with Ext.P4, and the petitioner cannot be denied the benefits
of the circular. As the applications filed by the petitioner are pending before
the bank and as his intention is to clear off the entire outstanding on or
before 31.3.2024, necessary directions can be issued.
9. Resultantly, this writ petition is disposed of as under:-
(i) There will be a direction to the 2nd respondent to consider
Exts.P5(a) and (b) in the light of Ext.P4.
(ii) The amount determined by the bank shall be remitted by the
petitioner on or before 31.3.2024.
(iii) The sale proposed to be held shall be deferred to a date after
31.3.2024.
(iv) If default is committed, the Bank may proceed with the
auction from the current stage and proceed to recover the entire
amount due from the petitioner together with interest and other
charges.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 8977/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE INTERIM ORDER OF THIS
COURT IN W.P(C) NO. 36474/ 2022 DATED
12-12-2022.
Exhibit P2(a) THE TRUE COPY OF THE RECEIPT SHOWING PAYMENT ON
20-12-2022 TO THE 2ND RESPONDENT SOCIETY.
Exhibit P2(b) THE TRUE COPY OF THE RECEIPT SHOWING PAYMENT ON
1-2-2023 TO THE 2ND RESPONDENT SOCIETY.
Exhibit P2(c) THE TRUE COPY OF THE RECEIPT SHOWING PAYMENT ON
6-3-2023 TO THE 2ND RESPONDENT SOCIETY.
Exhibit P2(d) THE TRUE COPY OF THE RECEIPT SHOWING PAYMENT ON
31-3-2023 TO THE 2ND RESPONDENT SOCIETY.
Exhibit P3 THE TRUE COPY OF THE JUDGMENT OF THIS COURT
DATED 6-7-2023 IN W.P(C) NO. 36474/ 2022.
Exhibit P4 THE TRUE COPY OF THE CIRCULAR NO. 9 / 2024
DATED 28-02-2024 ISSUED BY THE REGISTRAR OF
CO-OPERATIVE SOCIETIES.
Exhibit P5(a) THE TRUE COPY OF THE APPLICATION GIVEN BY THE
PETITIONER DATED 4-3-2024 TO THE 1ST RESPONDENT
AS PER EXT.P4 O.T.S.
Exhibit P5(b) THE TRUE COPY OF THE APPLICATION GIVEN BY THE
PETITIONER DATED 4-3-2024 TO THE 2ND RESPONDENT
AS PER EXT.P4 O.T.S.
Exhibit P6 TRUE COPY OF THE SEC. 69 PROCEEDINGS INITIATED
BY THE 2ND RESPONDENT BEFORE THE ASST.
REGISTRAR DATED 12-03-2020.
Exhibit P7 TRUE COPY OF THE TREATMENT RECORDS OF THE
PETITIONER.
Exhibit P8 THE TRUE COPY OF THE AUCTION NOTICE ISSUED BY
THE RESPONDENT DATED 17-01-20204.
