Kerala High Court
Mary Chanda Pillai vs Inspector Of Co-Operative Societies/ ... on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 15311 OF 2023
PETITIONER:
MARY CHANDA PILLAI
AGED 75 YEARS
W/O CHANDA PILLAI, ATHINILKUNNATHIL, EDAMON, R
EDAMON P.O, CHETHAKKAL, RANNY EDAMON,
PATHANAMTHITTA, KERALA, PIN - 689676
BY ADVS.
M.T.SURESHKUMAR
MANJUSHA K
SREELAKSHMI SABU
RESPONDENTS:
1 INSPECTOR OF CO-OPERATIVE SOCIETIES/ SPECIAL
OFFICER
PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, OFFICE OF THE JOINT DISTRICT
REGISTRAR OFFICE, PATHANAMTHITTA, PIN - 689645
2 THE AUTHORIZED OFFICER
PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK (LTD.) NO. PT232, NEAR
ITTIYAPPARA BUS STAND, PAZHAVANGADI P.O RANNY, PIN
- 689673
3 PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK (LTD.) NO. PT232
NEAR ITTIYAPPARA BUS STAND, PAZHAVANGADI P.O RANNY
- REPRESENTED BY ITS SECRETARY., PIN - 689673
BY ADVS.
ARUN CHANDRAN
ANJALY T.A(K/1694/2020)
HARIMOHAN(K/000327/2018)
SMT MABLE C KURIEN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.15311 of 2023
:2:
JUDGMENT
The petitioner is stated to be a
septuagenarian lady with a mentally retarded son
staying in a property, which has been offered as
collateral security for a loan availed of from
the 3rd respondent - "Primary Co-operative
Agricultural & Rural Development Bank Ltd".
('Bank', for short). She says that she is now in
a financial crisis, unable to even fend for
herself and her son; and therefore, not able to
pay off the loan liability as per the sanction;
thus consequentially having to now face recovery
action initiated by the Bank, subjecting her
property to a distress state. She, therefore,
prays that the 3rd respondent Bank be directed not
to sell her property, but to allow her to pay off
the liability either through One-Time-Settlement
Scheme or through such other appropriate means,
taking note of her extreme financial constraints.
In response to the afore submissions of the
petitioner, as made by his learned counsel -
Smt.Sreelakshmi Sabu, the learned Standing
Counsel for the 3rd respond - Sri.Arun Chandran,
submitted that the sale of the property did not
take place for want of bidders; however, adding
that, nevertheless, his client has taken an
extremely empathetic consideration of the
petitioner's condition and is willing to offer
all eligible benefits. He submitted that his
client is aware that even if the petitioner is
allowed to pay off the liability in installments,
he will not be able to do so and therefore, that
alternative means will have to be thought of,
including by selling a portion of the property,
without touching the residential house. He added
that, for this, the petitioner will have to
approach the Bank and seek necessary indulgence.
Smt.Sreelakshmi Sabu - learned counsel for the
petitioner, submitted that her client will abide
by any directions to be issued by this Court.
In the afore circumstances, I allow this writ
petition with the following directions:
a) I leave liberty to the petitioner
to approach the 3rd respondent - bank with
an appropriate representation - either
seeking a sale of the portion of the
property, excluding the residential house;
or for private sale of the same - and if
this is done within a period of one month
from the date of receipt of a copy of this
judgment, it shall be considered and a
final decision taken thereon and
communicated to him, within a period of
two months thereafter.
b) The petitioner will also be at
liberty to seek a One Time Settlement of
the loan account; in which event, and if
she makes such a request simultaneous to
the afore, then the same shall also be
considered by the Bank and all eligible
concessions offered to her in terms of
law.
Needless to say, until such time as
the afore exercise is completed and the
resultant order/proceedings communicated
to the petitioner, all action to initiate
or pursue further Revenue Recovery action
against her will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
APPENDIX OF WP(C) 15311/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE
BANK AT THE INSTANCE OF 1ST RESPONDENT
DATED 7.10.2022.
Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY
THE 1ST RESPONDENT DATED 24/1/2023.
Exhibit P3 TRUE COPY OF THE NEWS PAPER CUTTING DATED
5/2/2023 IN MALAYALA MANORMA DAILY.
Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE PETITIONER ISSUED BY
MEDICAL OFFICER PRIMARY HEALTH CENTRE
RANNY, PAZHAVANGADI DATED 27/3/23 .
Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE PETITIONER'S YOUNGER SON
ISSUED BY CONSULTANT PSYCHIATRIST 24/3/23
Exhibit P6 TRUE COPY OF THE SALE NOTICE ISSUED BY
THE 1ST RESPONDENT DATED 1.2.2024.
