Ceno K P vs The Secretary
2024 Latest Caselaw 31240 Ker

Kerala High Court

Ceno K P vs The Secretary on 1 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2024:KER:81180



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

  FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA,

                          1946

                WP(C) NO. 34030 OF 2024

PETITIONER:

         CENO K P
         AGED 48 YEARS
         S/O K.P PRABHAKARAN, KONKIYAZHIKAM VEEDU
         (KOYIPPURATHU VEEDU), KARAMCODE.P. O, MEENADU
         VILLAGE, KOLLAM TALUK, KOLLAM, PIN - 691579

         BY ADVS.
         M.KIRANLAL
         MANU RAMACHANDRAN
         T.S.SARATH
         R.RAJESH (VARKALA)
         SAMEER M NAIR
         SAILAKSHMI MENON
         JOTHISHA K.A.
         SHIFANA M.
         AASHI K. SHAJAN
         SMT.AKHILA B.


RESPONDENT(S):
    1    THE SECRETARY
         CHATHANNOOR REGIONAL SERVICE CO-OPERATIVE BANK
         Q 153 CHATHANNOOR P.O., KOLLAM TALUK,
         KOLLAM DISTRICT, PIN - 691572
    2    THE SPECIAL SALE OFFICER
         CHATHANNOOR REGIONAL SERVICE CO-OPERATIVE BANK
         Q 153, OFFICE OF THE ASSISTANT REGISTRAR OF
         CO-OPERATIVE SOCIETIES (GENERAL),
         NEAR COLLECTORATE, KOLLAM, PIN - 691013
                                                             2024:KER:81180
WP(C) No.34030 of 2024
                                  :2:

             BY ADVS.
             SUDEEP ARAVIND PANICKER
             A.S.DILEEP(K/655/1987)
             P.BINOD(K/647/1987)
             K.Y.SUDHEENDRAN(K/000625/1987)
             SUSEELA DILEEP(S-1307)
             K.N.HARISHANKAR(K/001647/2023)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.11.2024,   THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                    2024:KER:81180
WP(C) No.34030 of 2024
                                :3:


                          JUDGMENT

Dated this the 1st day of November, 2024

The petitioner availed financial assistance from the

Chathannoor Regional Service Co-Operative Bank. The

Bank has initiated coercive proceedings for recovery as

petitioner failed to maintain the loan account. The petitioner

hence filed this writ petition seeking to set aside Ext.P3

notice and to direct the respondents to consider the request

of the petitioner for reasonable time for repayment of the

outstanding amount.

2. The Standing Counsel representing the

respondents submitted that the outstanding amount payable

by the petitioner is Rs.27,58,150/- as on 15.10.2024. The

Standing Counsel further submitted that there are three other

loans charged on the very same mortgaged property.

3. Be that as it may, when this writ petition

came up for admission, this Court passed an interim order on 2024:KER:81180

27.09.2024 staying the confirmation of sale pursuant to

Ext.P3 for a period of one month on condition that the

petitioner shall remit an amount of Rs.3,00,000/- within a

period of two weeks. The Standing Counsel submits that the

petitioner has not remitted any amount.

4. As the petitioner has failed to remit the

amount pursuant to the interim order of this Court, I am of the

view that the petitioner is not entitled to any further

discretionary relief from this Court.

This writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE Raj 2024:KER:81180

APPENDIX OF WP(C) 34030/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 4.1.2023.IN WPC NO 30260 OF 2023

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 10.09.2024 ISSUED BY THE RESPONDENT BANK AGAINST THE PETITIONER FOR MEASURING OUT HIS PROPERTY

Exhibit P3 . A TRUE COPY OF THE NOTICE DATED 21.08.2024 ISSUED BY THE 2ND RESPONDENT