Raju K C vs Special Sale Officer
2024 Latest Caselaw 32455 Ker

Kerala High Court

Raju K C vs Special Sale Officer on 8 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2024:KER:83350



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                    WP(C) NO. 35532 OF 2024



PETITIONER:

         RAJU K C
         AGED 63 YEARS
         S/O KUNJUKUNJ,
         RAHUL BHAVANAM, CHERUVAKKAL,
         AYUR, KOLLAM., PIN - 691533


         BY ADVS.
         M.R.SASITH
         M.R.SARIN



RESPONDENTS:

    1    SPECIAL SALE OFFICER
         VELINELIUR SCB GROUP,
         OFFICE OF THE ASSISTANT REGISTRAR OF
         CO-OPERATIVE SOCIETIES (GENERAL),
         KOTTARAKARA, KOLLAM.,
         PIN - 691510

    2    THE SECRETARY
         VELINELIUR SERVICE CO-OPERATIVE BANK LTD.
         NO.2873, KARINGANNOOR, KOLLAM., PIN - 691516
                                              2024:KER:83350
WP(C) No.35532 of 2024
                           2


         BY ADVS.
              P.K.VIJAYAMOHANAN
              AKHIL SUSEENDRAN(K/715/2015)


     THIS WRIT PETITION    (CIVIL) HAVING COME UP      FOR
ADMISSION ON 08.11.2024,   THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
                                                          2024:KER:83350
WP(C) No.35532 of 2024
                                   3



                             JUDGMENT

Dated this the 8th day of November, 2024

The petitioner has approached this Court seeking the

following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents grant 24 monthly installments to the petitioner to pay the amount mentioned in Ext.P1 till that all further proceedings in Ext.P1 shall be kept in abeyance.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant 24 monthly installments to the petitioner to pay the total arrears amount.

2. When this writ petition came up for admission,

this Court passed an interim order on 10.10.2024 to the

following effect:

Issue urgent notice on admission by speed post to the respondents.

There will be an interim order staying confirmation of sale pursuant to Ext.P1 for a period of one month on condition that the petitioner shall remit an amount of ₹1 lakh within a period of one month.

2024:KER:83350

3. Standing Counsel for the Bank submits that

the petitioner has not remitted the amount as directed by this

Court on 10.10.2024.

4. In the afore circumstances, the petitioner

seeks leave to approach the Bank for settlement of the total

loan account by mutual discussion.

Granting liberty to the petitioner to approach the Bank

for any settlement of the loan account, the writ petition is

dismissed.

Sd/-

N.NAGARESH JUDGE spk 2024:KER:83350

APPENDIX OF WP(C) 35532/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED NIL ISSUED BY THE 1ST RESPONDENT