Kerala High Court
Shameer K vs The Secretary on 21 May, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 13955 OF 2020
PETITIONER:
SHAMEER K.
AGED 36 YEARS
S/O.KASSIM KUNJU, KASIX MANZIL, VADAKKUMTHALA.P.O.,
VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT.
BY ADVS.
BINU GEORGE
SMT.HEMALATHA
RESPONDENTS:
1 THE SECRETARY,
ADHYAPAKA CO-OPERATIVE BANK LTD.NO.A 300, MALLAPPALLY
BRANCH, PATHANAMTHITTA, PIN-689585.
2 ADHYAPAKA CO-OPERATIVE BANK LTD.NO.A 300,
PUTHUSSERY, MALLAPPALLY, PATHANAMTHITTA, REPRESENTED BY
ITS SECRETARY, PIN-689585.
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
NIRMALA P.V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.13955 OF 2020
2
JUDGMENT
Dated this the 21st day of May, 2024
The present writ petition has been filed by the
petitioner who is a teacher in NSS Higher Secondary
School, Vaipur, Mallappally, Pathanamthitta.
Respondents are the Teachers' Co-operative Society
and its Secretary. The petitioner had obtained four
loans from the said co-operative society for an amount
Rs.17,90,000/-. The present writ petition is confined to
only one loan out of the four loans obtained by him
from the respondent co-operative society. In the present
case, the loan amount was Rs.3,00,000/-. On the date of
filing of this writ petition in the year 2020, the
outstanding amount against the said loan was
Rs.3,45,537/-. The petitioner has not only defaulted in
making repayment of the loan amount of the present
writ petition, but in respect of the two other loans
inasmuch as one loan account stands closed.
2. As of today, the total outstanding amount of all
the running loan accounts is Rs.18,33,389/-.
W.P.(C) No.13955 OF 2020
3. Learned counsel for the petitioner submits that
the petitioner does not dispute the outstanding amount
to be paid by him in respect of the three running loan
accounts. But he does not have means to pay the said
amount in one go and therefore, this Court may grant
some facility of instalment for making payment on the
outstanding loan amount. She further submits that the
petitioner has been paying Rs.25,000/- per month in
pursuance to the interim order granted by this Court
dated 10.07.2020.
4. Learned counsel for the respondents submits
that the writ petition is not maintainable. As the
petitioner admits the liability and he has no willingness
to make repayment, this Court should not exercise its
discretionary jurisdiction to grant any relief to the
petitioner.
5. During the course of hearing, this Court
suggested the petitioner to make upfront payment of
Rs.5,00,000/- to show his bonafide for making the
payment of the loan amounts which are more than 18
W.P.(C) No.13955 OF 2020
lakhs as of today. Learned counsel for the petitioner
submits that the petitioner does not have means to
make any upfront payment and only prayer is to grant
instalments.
6. When the loan amount is more than 18 lakhs
and the petitioner is not willing to make any upfront
payment, this Court does not find to keep this writ
petition pending and therefore, the same is hereby
dismissed, leaving it open to the respondent society to
recover the amount due to the society from the
petitioner as per the law.
With the aforesaid observation, the present writ
petition stands dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P.(C) No.13955 OF 2020
APPENDIX OF WP(C) 13955/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF SCAN REPORT DATED
14.12.2019.
EXHIBIT P2 A TRUE COPY OF DEMAND NOTICE DATED
1.7.2020.
