Kerala High Court
Rajeevan . A vs Kerala Gazetted Officers Cooperative ... on 7 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83147
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. 33317 OF 2024
PETITIONER:
RAJEEVAN A
AGED 64 YEARS
S/O. APPUKUTTAN NAIR,
RESIDING AT ACHTHAM,
PEROORKKADA VILLAGE
VATTIYOORKKAVU,
THIRUVANANTHAPURAM, PIN - 695013
BY ADV JEENA JOSEPH
RESPONDENTS:
1 KERALA GAZETTED OFFICERS COOPERATIVE SOCIETIES
REG. NO.424, VAZHUTHAKKAD, TRIVANDRUM,
REP. BY SECRETARY G. SHABUKUMAR, PIN - 695001
2 S. SALIM
AGED 63 YEARS
S/O. SYED MOHAMMED,
RESIDING AT PONNARAM,
KARUMKULAM VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695121
3 ASWIN KUMAR K.S
AGED 63 YEARS
S/O. KUNJUSANKARAN, RESIDING AT ASWIN NIVAS,
KARUMKULAM VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695121
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WP(C) No.33317 of 2024
2
4 ARBITRATOR/SPECIAL SALE OFFICER
O/O.THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G), THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
M.SASINDRAN
LIGEY ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.33317 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 ₹3 lakhs to the
petitioner as loan in the year 2014. 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 Exts.P5 and P6
notices.
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 1st 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
2014. The petitioner committed default in repaying the loan.
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6. The 1st respondent repeatedly reminded the
petitioner and required him to clear the dues. The petitioner
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 Exts.P5 and P6 were
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
₹4,75,384/-.
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8. I have heard the counsel for the petitioner
and the Standing Counsel representing the 1st respondent.
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 ₹4,75,384/- in 16
consecutive and equal monthly instalments
along with accruing interest and other Bank
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charges, if any. First of such instalments
shall be paid on or before 09.12.2024.
(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) 33317/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE WRITTEN
STATEMENT FILED BY THE PETITIONER
BEFORE THE ASSISTANT REGISTRAR GENERAL
TRIVANDRUM DATED 29/5/2018
Exhibit P2 TRUE PHOTOCOPY OF THE EP NO.1/24 FILED
BY THE 1ST RESPONDENT BEFORE THE
REGISTRAR TRIVANDRUM SERVICE CO-
OPERATIVE SOCIETY DATED 23/11/2023
Exhibit P3 TRUE PHOTOCOPY OF THE OBJECTION FILED
BY THE PETITIONER BEFORE THE SALE
OFFICER DATED 25/5/2024
Exhibit P4 TRUE PHOTOCOPY OF THE PROCEEDINGS
ISSUED BY THE 4TH RESPONDENT DATED
13/6/2024
Exhibit P5 TRUE PHOTOCOPY OF THE DEMAND NOTICE
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER DATED 22/5/2024
Exhibit P6 TRUE PHOTOCOPY OF THE ATTACHEMENT
NOTICE ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER DATED 12/9/2024
Exhibit P7 TRUE PHOTOCOPY OF THE LETTER ISSUED BY
THE 4TH RESPONDENT ON 10/6/2024 TO THE
PETITIONER.
