Manoj T.P vs Authorised Officer
2024 Latest Caselaw 32712 Ker

Kerala High Court

Manoj T.P vs Authorised Officer on 12 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39797 OF 2024              1




                                                  2024:KER:84487
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

 TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                      WP(C) NO. 39797 OF 2024


PETITIONER:

            MANOJ T.P,
            AGED 46 YEARS
            S/O VELU, MULLASSERY HOUSE, VARODE P.O, OTTAPALAM
            THALUK, PALAKKAD, PIN - 679102


            BY ADV P.V.SREENIVASAN


RESPONDENTS:

    1       AUTHORISED OFFICER,
            THE OTTAPALAM CO OPERATIVE URBAN BANK LTD, NO F 1647
            , MAIN ROAD , P.O OTTAPALAM, PALAKKAD, PIN - 679101

    2       THE OTTAPALAM CO OPERATIVE URBAN BANK LTD, NO F
            1647,
            MAIN ROAD , P.O., OTTAPALAM, PALAKKAD, REPRESENTED
            BY ITS GENERAL MANAGER, PIN - 679101


            SRI. VINOD MADHAVAN-SC


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39797 OF 2024               2




                                                         2024:KER:84487
                               JUDGMENT

The present writ petition has been filed for the following

prayers:

"I. Honourable Court may be pleased to issue a writ of madamus or any appropriate writ or direction or order directing respondents to give petitioner an opportunity to pay amount due within a time bound to ay his entire liability by including the same in One time settlement scheme. II. Grant any other prayers which are prayed during the pendency of this writ petition which are deemed apt and fit to be allowed."

2. This is the 2nd writ petition for the same cause of

action. The 1st writ petition, i.e. W.P.(C)No.34983/2024 was

disposed of by this Court vide judgment dated 08.10.2024 on

the following terms:

"Considering the said stand of the learned Counsel for the

respondent Bank, the present writ petition is disposed of on the

following terms:

"(i) The petitioner shall pay an upfront amount of Rs.1 lakh along with one regular EMI on or before 30.10.2024.

(ii) The remaining overdue amount is to be paid in five equal monthly instalments along with regular instalments.

(iii) The first instalment is to be paid on or before 15.11.2024, and the remaining four instalments on or before

2024:KER:84487 the 15th day of each succeeding month, along with regular instalments.

(iv) After making payment of the entire overdue amount along with regular instalments, the petitioner shall continue to pay the regular instalments till the entire loan liability is discharged.

(v) In case of failure to make payment of the upfront amount of Rs.1 lakh or any instalments as directed above, the Bank shall be free to proceed against the petitioner in accordance with the law."

3. The petitioner has not complied with the said

judgment, and now he has filed a second writ petition for the

same cause of action. Successive writ petitions for the same

cause of action are not maintainable.

Therefore, the present writ petition is dismissed, leaving it

open to the petitioner to take recourse to any other remedy as

may be available to him under the law.

Sd/-D. K. SINGH JUDGE

lsn

2024:KER:84487 APPENDIX OF WP(C) 39797/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGEMENT DATED 8/10/2024 IN W P© NO 34983/2024

Exhibit P2 THE TRUE COPY OF THE SALE AGREEMENT DATED 31/10/2024 ENTERED BETWEEN PETITIONER AND MR RAZAK

Exhibit P3 THE TRUE COPY OF THE PETITION DATED 1.11.2024 SUBMITTED BY PETITIONER BEFORE RESPONDENT TO INCLUDE HIS LOAN IN ONE TIME SETTLEMENT SCHEME

Exhibit P4 THE TRUE COY OF THE POSTAL RECEIPT 01.11.2024