Kerala High Court
Aswin Kumar K.S vs Kerala Gazetted Officers C O-Operative ... on 7 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83152
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 33514 OF 2024
PETITIONER:
ASWIN KUMAR K.S
AGED 63 YEARS
S/O. KUNJUSANKARAN,
RESIDING AT ASWIN NIVAS,
KARUMKULAM VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695121
BY ADV JEENA JOSEPH
RESPONDENTS:
1 KERALA GAZETTED OFFICERS C O-OPERATIVE SOCIETIES,
REG. NO.424, VAZHUTHAKKAD, TRIVANDRUM,
REP. BY ITS SECRETARY,
G. SHABUKUMAR,
PIN - 695014
2 A. RAJEEVAN
S/O. APPUKUTTAN NAIR, \ACHUTHAM,
PEROORKKADA, VATTIYOOR KAVU,
TRIVANDRUM, PIN - 695013
3 SALIM. S
S/O. SYED MOHAMMED, PONNARAM,
KURAMKULAM VILLAGE, NEYYATTINKARA TALUK,
TRIVANDRUM, PIN - 695121
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WP(C) No.33514 of 2024
2
4 ARBITRATOR/SPECIAL SALE OFFICER
O/O. THE ASSISTANT REGISTRAR CO-OPERATIVE
SOCIETIES (G), TRIVANDRUM., PIN - 695001
BY ADVS.
M.SASINDRAN
LIGEY ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.33514 of 2024
3
JUDGMENT
Dated this the 7th day of November, 2024
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of financial advance
made by the Kerala Gazetted Officers Co-operative Society to
the petitioner, invoking the provisions of the Kerala Co-
operative Societies Act, 1969.
2. The 1st respondent paid ₹5 lakhs to the
petitioner as loan in the year 2012. The petitioner states that
though the petitioner made remittances promptly during the
initial repayment period of the financial advance, he could not
pay the instalments promptly later. The repayment of loan fell
into arrears later. It happened due to reasons beyond the
control of the petitioner.
3. Though the petitioner requested the
1st respondent to permit the petitioner to repay the overdue
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amounts in easy monthly instalments, the respondent
authorities were not yielding. The authorities, instead, started
coercive proceedings, invoking the provisions of the Kerala Co-
operative Societies Act, 1969 and issued Ext.P4 notice.
4. The petitioner states that he is still in a position
to clear the overdue amounts towards the loan, if sufficient time
is given to clear the dues in easy monthly instalments. If the 1 st
respondent is permitted to continue with the coercive
proceedings and auction the secured assets provided by the
petitioner, he will be put to untold hardship and loss.
5. Standing Counsel entered appearance on
behalf of the 1st respondent and denied all the statements made
by the petitioner. On behalf of the 1st respondent, it is submitted
that the loan was given to the petitioner in the year 2012. The
petitioner committed default in repaying the loan.
6. The 1st respondent repeatedly reminded the
petitioner and required him to clear the dues. The petitioner
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deliberately omitted to do so. In the circumstances, the
1st respondent had no other go than to proceed against the
petitioner invoking the provisions of the Kerala Co-operative
Societies Act, 1969. The impugned Ext.P4 was issued in these
circumstances. The petitioner has not advanced any legal
reasons to thwart the coercive proceedings initiated by the 1st
respondent.
7. The Standing Counsel, however, submitted
that if the petitioner is ready and willing to make a substantial
payment soon and remit the balance outstanding amount
immediately thereafter, a short breathing time can be granted to
the petitioner to clear the dues. The Standing Counsel
submitted that the outstanding amount due to the
1st respondent from the petitioner as on 07.11.2024 is
₹6,39,885/-.
8. I have heard the counsel for the petitioner and
the Standing Counsel representing the 1st respondent.
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9. The specific case of the petitioner is that the
petitioner has been making the repayment and maintaining the
loan account initially. The default in repayment of the loan
occurred lately due to reasons beyond the control of the
petitioner. The petitioner has provided substantial security
which will safeguard the interest of the 1st respondent.
10. In the facts and circumstances of the case, I
am inclined to dispose of the writ petition giving a short and
reasonable time to the petitioner to clear off the liability.
11. The writ petition is therefore disposed of with
the following directions:
(i) The petitioner shall remit the
outstanding amount of ₹6,39,885/- in 16
consecutive and equal monthly instalments
along with accruing interest and other Bank
charges, if any. First of such instalments shall
be paid on or before 09.12.2024.
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(ii) If the petitioner commits single default
in making payments as directed above, the
1st respondent will be at liberty to continue
with the coercive proceedings against the
petitioner in accordance with law.
(iii) If the petitioner makes payments as
directed above, coercive proceedings, if any,
against the petitioner shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 33514/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE AWARD IN ARC
NO.511/2018 OF THE 1ST RESPONDENT DATED
24/12/2022
Exhibit P2 TRUE PHOTOCOPY OF THE EP NO.2/24 FILED
BY THE 1ST RESPONDENT DATED 23/11/2023
Exhibit P3 TRUE PHOTOCOPY OF THE JUDGEMENT IN
APPEAL NO.316/2023 DATED 19/3/2024 OF
THE KERAL CO-OPERATIVE TRIBUNAL
TRIVANDRUM
Exhibit P4 TRUE PHOTOCOPY OF THE ATTACHMENT NOTICE
ISSUED BY THE 4TH RESPONDENT DATED
12/9/2024
