Rubeena C.K vs State Of Kerala
2024 Latest Caselaw 8745 Ker

Kerala High Court

Rubeena C.K vs State Of Kerala 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. 12622 OF 2024
PETITIONER:

          RUBEENA C.K., AGED 39 YEARS
          1174, KOYA HOUSE, KUTTIPALAKKAL, MUKKAM, THAZHEKODE,
          KOZHIKODE, PIN - 673602

          BY ADVS.
          P.K.NIJOY
          C.PRABITHA
          REJOICE B.CHEMBAKASSERIL



RESPONDENTS:

    1     STATE OF KERALA
          SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KOZHIKODE, PIN - 673020

    3     THE DEPUTY TAHSILDAR
          OFFICE OF THE DEPUTY TAHSILDAR, CIVIL STATION,
          KOZHIKODE, PIN - 673020

    4     THE VILLAGE OFFICER, THAZHEKODE VILLAGE OFFICE, MUKKOM
          P.O., KOZHIKODE, PIN - 673602

    5     THE UNION BANK OF INDIA
          MANASSERY BRANCH, KMCT AYURVEDA MEDICAL COLLEGE AND
          HOSPITAL CAMPUS, MANASSERY P.O., KOZHIKODE, REPRESENTED
          BY ITS BRANCH MANAGER, PIN - 673602

          SADCHITH.P.KURUP(K/1419/2002)
          C.P.ANIL RAJ(K/872/2007)
          SIVA SURESH(K/2688/2022)
          B.SREEDEVI(K/169/2024)
          ATHIRA VIJAYAN(K/199/2024)

          SRI A S P KURUP-SC;
          SMT MABLE C KURIEN-SR.GP
 WP(C) NO. 12622 OF 2024
                                         2




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.03.2024,      THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12622 OF 2024
                                   3


                                JUDGMENT

The limited plea of the petitioner is that the respondent -

Bank be directed to regularise her loan account and allow her to

pay off the balance, as per the original terms of sanction.

2. In response to the afore request of Sri.Nijoy P.K. - made

on behalf of the petitioner, the learned standing counsel for the

Bank, submitted that if the petitioner pays Rs.4,49,047/-, which is

the overdue amount in the account as on 27.03.2024, along with

all applicable charges and interest, on or before 27.04.2024, the

account can be regularised, but not otherwise. He added that his

client is not willing to accede to any further indulgence in favour

of the petitioner.

3. Since the Bank now says that the petitioner must pay the

overdue amount of Rs.4,49,047/- as on 27.03.2024, along with

applicable charges and interest, on or before 27.04.2024, this

Court can only grant relief to the petitioner on such terms.

4. Resultantly, I allow this writ petition to the limited extent

of leaving liberty to the petitioner to pay the afore amount on or

before 27.04.2024; in which event, the account will stand

regularised and the petitioner will be allowed to pay the balance

as per the original sanction.

WP(C) NO. 12622 OF 2024

Needless to say, if the petitioner does not comply with the

directions in this judgment, she will lose the benefit of the

declarations herein; and the Bank will be at liberty to initiate and

pursue necessary action as per law, however, following due

procedure.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12622 OF 2024

APPENDIX OF WP(C) 12622/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 20-2-2023 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 3-2-2024 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 9-2-2024 ISSUED BY THE 3RD RESPONDENT