Faisala vs Special Sale Officer
2024 Latest Caselaw 12674 Ker

Kerala High Court

Faisala vs Special Sale Officer on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 15986 OF 2024
PETITIONERS:

    1       FAISALA, AGED 53 YEARS, W/O MARAKKARKUTTY,
            ALAPPURAYIL HOUSE, MANIPURAM P.O.,
            KOZHIKODE DISTRICT, PIN - 673572.

    2       MARAKKARKUTTY, AGED 64 YEARS,
            ALAPPURAYIL HOUSE, MANIPURAM P.O.,
            KOZHIKODE DISTRICT, PIN - 673572.

            BY ADV MOHAMMED SHAFI.K


RESPONDENTS:

    1       SPECIAL SALE OFFICER
            THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK, LTD.NO D 3156, THAMARASSERY
            P.O, KOZHIKODE DISTRICT, PINTHAMARASSERY PRIMARY
            CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
            LTD.NO D 3156, THAMARASSERY P.O, KOZHIKODE DISTRICT.

    2       THAMARASSERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD.NO D 3156, THAMARASSERY P.O,
            KOZHIKODE DISTRICT, REPRESENTED BY ITS AUTHORISED
            OFFICER, PIN - -67357.

            BY ADV
            M.SASINDRAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15986 OF 2024
                               -2-

                        JUDGMENT

When this matter was called today,

Sri.M.Sasindran - learned Standing Counsel for

the respondents, submitted that the request of

the petitioners for regularization of their loan

accounts, which are four in number, cannot be

acceded to because its terms are now over. He,

however, added that, if the petitioners are

interested, they can be allowed to pay off the

entire loan liability in their loan accounts,

which is a sum of Rs.25,14,456/-, along with all

applicable charges and interest, provided they

pay the same in not more than 20 equal monthly

installments.

2. Sri.Mohammed Shafi K. - learned counsel

for the petitioners, accepted the afore

suggestion.

Taking note of the afore submissions, I WP(C) NO. 15986 OF 2024

allow this writ petition, permitting the

petitioners to pay off the aforementioned

amount, along with all applicable charges and

interest, in 20 equal monthly installments,

commencing from 15.06.2024.

Needless to say, if the petitioners continue

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

and P2 will stand deferred; but if they default

payment of any two installments as ordered

above, necessary action for recovery can be

taken forward, without having to obtain further

orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15986 OF 2024

APPENDIX OF WP(C) 15986/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 16.02.2024, ISSUED BY THE SENIOR INSPECTOR/SPECIAL SALE OFFICER, THAMARASSERY PRIMARY CO-OPEARTIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK TO THE PETITIONERS

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 22.03.2024, ISSUED BY THE SPECIAL SALE OFFICER OF THE THAMARASSERY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK O THE 1ST PETITIONER