Kurian P J vs Special Sale Officer
2024 Latest Caselaw 8999 Ker

Kerala High Court

Kurian P J vs Special Sale Officer 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. 6925 OF 2024
PETITIONER:

          KURIAN P J, AGED 54 YEARS,
          S/O P K JOHN, POOPAALY HOUSE,
          THAKAZHY P O, ALAPPUZHA., PIN - 688562.

          BY ADV K.C.SUDHEER


RESPONDENTS:

    1     SPECIAL SALE OFFICER,
          KUTTANADU CARD BANK LTD, NO A-1153,
          MANCOMPU, THEKKEKKARA PO, KUTTANADU,
          ALAPPUZHA, PIN - 688500.

    2     GOVT SECRETARY FOR CO-OPERATION,
          GOVT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695014.

    3     REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN, THYCKAD PO,
          THIRUVANANTHAPURAM, PIN - 695014.

          BY ADVS.
          SRI. VENUGOPALA PANICKER K.N.
          SMT.MABLE C.KURIAN, SR.GP


     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. 6925 OF 2024
                                   -2-

                             JUDGMENT

When this matter was called today,

Sri.Sudheer K.C. - learned counsel for the

petitioner, submitted that an amount of

Rs.50,000/- had been paid to 'Kuttanadu

Co-operative Agricultural Rural Development

Bank' ('Bank', for short) - of which the 1 st

respondent is the Special Sale Officer, as per

the interim order of this Court dated

22.02.2024.

2. Sri.K.N.Venugopala Panicker - learned

counsel for the Bank, affirmed the afore and

offered that the petitioner can be allowed to

pay off the total amount in his loan account

after deducting the amount of Rs.50,000/- paid

as per the interim order, which is a sum of

Rs.9,28,319/- as on 27.03.2024, along with all

applicable charges and interest, provided he

pays the same in not more than 15 equal monthly WP(C) NO. 6925 OF 2024

installments.

3. Sri.Sudheer K.C. - learned counsel for

the petitioner, accepted the afore suggestion.

Taking note of the afore submissions, I

allow this writ petition, permitting the

petitioner to pay off the aforementioned amount,

along with all applicable charges and interest,

in 15 equal monthly installments, commencing

from 27.04.2024.

Needless to say, if the petitioner continues

to pay as afore, all action pursuant to Exts.P1

and P2 will stand deferred; but if he defaults

payment of any of the installments as ordered

above, necessary action pursuant thereto can be

taken forward, without having to obtain further

orders from this Court.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 6925 OF 2024

APPENDIX OF WP(C) 6925/2024

PETITIONER EXHIBITS

EXHIBIT-P 1 DECISION.THE COPY OF THE NOTICE DATED 28/12/2023 ISSUED BY THE 1 ST RESPONDENT FOR COERCIVE STEPS AGAINST PETITIONERS PROPERTY

EXHIBIT -P2 THE COPY OF THE NOTICE DATED 22/3/2023 ISSUED BY THE SECRETARY ,KUTTANADU CO- OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK FOR SETTLE THE ENTIRE LOAN AMOUNT BY REMITTING AN AMOUNT OF RUPEES 869000/- WITHIN 60 DAYS FROM DATE OF RECEIPT OF NOTICE

EXHIBIT -P3 THE COPY OF THE TREATMENT RECORD FOR PETITIONERS SON SHOWING HIS DISABILITY DATED 22/1/202 ISSUED FROM TD MEDICAL COLLEGE ALAPPUZHA