Kabeer vs Special Sale Officer
2024 Latest Caselaw 14584 Ker

Kerala High Court

Kabeer vs Special Sale Officer on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                       WP(C) NO. 11740 OF 2024
PETITIONER:

            KABEER, AGED 57 YEARS,
            MUSLIYAM VEETIL, THOTTATHIL PARAMBIL,
            VELIANCODE VILLAGE, PONNANI TALUK,
            MALAPPURAM DISTRICT., PIN - 679579.

            BY ADVS.
            SAIJO HASSAN
            DEVI.R.SENS
            DHEERAJ BABY
            V.P.REJITHA
            MEERA J. MENON


RESPONDENTS:

    1       SPECIAL SALE OFFICER
            PONNANI CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD, KUTTIKKAD JN,
            PONNANI P.O., MALAPPURAM., PIN - 679577.

    2       PONNANI CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD.
            REPRESENTED BY ITS SECRETARY,
            KUTTIKKAD JN, PONNANI P.O.,
            MALAPPURAM., PIN - 679577.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11740 OF 2024
                                 -2-

                            JUDGMENT

The limited plea of the petitioner is that

the respondents be directed to allow him to pay

off the arrears of loan amount in the loan

account in instalments so as to have it

regularized. He submits that he is constrained

to make this request because of the financial

constraints he is facing and hence being unable

to make payment in lump sum.

2. The endorsements on the files of this

case indicate that the petitioner has already

taken out notice to the respondents by Speed

Post.

3. It is rather distressing that the

respondents have still refused to appear before

this Court. However, this cannot be a reason for

this Court to refrain from passing appropriate

orders.

WP(C) NO. 11740 OF 2024

In the afore circumstances, I allow this

writ petition, leaving liberty to the petitioner

to approach the Bank with an appropriate

representation seeking any relief/claim that he

may make; and if this is done within a period of

two weeks from the date of receipt of a copy of

this judgment, the same shall be considered by

the competent Authority of the said Bank, after

affording him an opportunity of being heard,

thus culminating in an appropriate order and

necessary action thereon without any avoidable

delay thereafter.

Needless to say, until such time as the

afore is done and the resultant order

communicated to the petitioner, the interim

order granted by this Court on 22.03.2024 will

continue to be in operation.

I, however, clarify that I have not entered

into the merits of the claims of the petitioner WP(C) NO. 11740 OF 2024

and that they are left to be decided by the

respondent - Bank appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 11740 OF 2024

APPENDIX OF WP(C) 11740/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT IN E.P.NO. 243/17-18 DATED NIL

EXHIBIT P2 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 17/09/2023.

EXHIBIT P3 TRUE COPY OF THE MEDICAL REPORT DATED 06/06/2023.