Kerala High Court
Rasheed vs The Assistant Registrar Of ... on 28 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 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 10283 OF 2024
PETITIONER:
RASHEED, AGED 56 YEARS, S/O ABDUL RAHMAN
THAZHATHETHIL HOUSE, KILLIMANGALAM (PO)
THRISSUR DISTRICT,, PIN - 680591
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE ASSISTANT REGISTRAR, THALAPPILLY,
WADAKKANCHERY (PO) THRISSUR DISTRICT, PIN - 680582
2 THE THALAPPILLY TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK NO.1354
REPRESENTED BY ITS SECRETARY, WADAKKANCHERY (PO)
THRISSUR DISTRICT, PIN - 680582
3 THE SPECIAL SALE OFFICER, THALAPPILLY TALUK PRIMARY
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
NO.1354 WADAKKANCHERY (PO) THRISSUR DISTRICT,, PIN -
680582
BY ADV
SRI DILIP J AKKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10283/24
2
JUDGMENT
The petitioner has approached this Court with a limited plea
that the respondent - Bank be directed to allow him to pay off the
outstanding in a loan facility availed of by him in monthly
installments; and that in the meanwhile, Ext.P1 Sale Notice be
quashed.
2. In response, Sri.Dilip J. Akkara - learned counsel for
the respondent - Bank, submitted that the loan account of the
petitioner had become irregular much earlier and that his
property, offered as collateral security, has been sold, but not
confirmed in favour of his client. He added that, therefore, if the
petitioner is willing to pay off the total outstanding in the loan
account in not more than 18 equal monthly installments, his client
is willing not to confirm the sale and close the loan account. He,
however, prayed that, in case of the petitioner refuses the afore
offer, then his client may be allowed to confirm the sale of the
property as per law.
3. The learned counsel for the petitioner - Sri.Binoy
Vasudevan, accepted the afore suggestion.
In the afore circumstances, I allow this Writ Petition granting
liberty to the petitioner to pay off the total outstanding in the
loan account, which is stated to be Rs.10,66,000/- as on
27.05.2024, along with all applicable charges and interest, in 18
equal monthly installments commencing from 30.06.2024; in which
event, the loan account will stand fully satisfied and the sale in
favour of the Bank will stand set aside.
Needless to say, in such event, all documents and title deeds
be returned to the petitioner.
As a necessary corollary, if the petitioner is to commit
default of any two installments as ordered above, the benefit of
this judgment will be lost to him and the Bank will be at full
liberty to deal with the property in any manner that they choose,
however, after refunding the amounts, if any, paid by the
petitioner under this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 10283/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE PUBLISHED BY
THE 3RD RESPONDENT DATED 02.08.2023
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONER'S MOTHER ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS, PANJAL
GRAMA PANCHAYAT DATED 12.3.2024
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS OF THE BOARD
AFFIXED BY THE RESPONDENTS BEFORE THE
PETITIONER'S HOUSE
