Muralidharan vs Special Sale Officer
2024 Latest Caselaw 33104 Ker

Kerala High Court

Muralidharan vs Special Sale Officer on 14 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                  2024:KER:85537
W.P.(C) No.34925/2024
                                  :1:

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946

                        WP(C) NO. 34925 OF 2024

PETITIONERS:
    1     MURALIDHARAN,
          AGED 63 YEARS,
          S/O MANI, THEKKEKAROTTU HOUSE,
          MOOZHIKULANGARA , ONAMTHURUTH VILLAGE,
          KOTTAYAM DIST, PIN - 686601
     2     SREEDEVI,
           AGED 55 YEARS,
           W/O MURALIDHARAN, THEKKEKAROTTU HOUSE ,
           MOOZHIKULANGARA , ONAMTHURUTH VILLAGE,
           KOTTAYAM DIST, PIN - 686601
           BY ADVS.
           JAYADEEP SAJAN
           MEERA R. MENON


RESPONDENTS:
    1     SPECIAL SALE OFFICER,
          ETTUMANOOR SCB GROUP,
          OFFICE OF THE ASSISTANT REGISTRAR OF
          CO-OPERATIVE SOCIETIES,
          KOTTAYAM, PIN - 686001
     2     NEENDOOR SERVICE CO-OPERATIVE BANK
           REPRESENTED BY ITS AUTHORIZED OFFICER,
           NEENDOOR, KOTTAYAM DISTRICT., PIN - 686601
           BY ADVS.
           SRI.AADHIL P., SC
           SRI.SHABEER ALI MOHAND
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                         2024:KER:85537
W.P.(C) No.34925/2024
                                   :2:




                             JUDGMENT

Dated this the 14th day of November, 2024

The petitioners approached this Court when the

respondents initiated proceedings for recovery of the amount

advanced to the petitioners. The writ petition was filed by the

petitioners seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent-Bank to permit the petitioners to pay the entire outstanding loan amount in 15 monthly installments.

ii) Issue an order restraining the 1 st respondent from dispossessing the petitioners from the secured assets."

2. When this writ petition came up for admission

on 07.10.2024, this Court passed an interim order to the

following effect:

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

2024:KER:85537

There will be an interim order staying further coercive proceedings pursuant to Ext.P1 till 06.11.2024 on condition that the petitioners remit an amount of ₹80,000/- (Rupees Eighty Thousand only) within a period of one month.

Post on 06.11.2024."

3. Standing Counsel representing the Bank

submitted that the petitioners have not remitted any amount

pursuant to the directions of this Court.

4. As the petitioners have not complied with the

interim order passed by this Court, the petitioners are not

entitled to any further discretionary relief from this Court.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:85537

APPENDIX OF WP(C) 34925/2024

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE (EA NO:

3345/2023) TO THE PETITIONER ISSUED BY THE 1ST RESPONDENT DATED 11.06.2024.

Exhibit P2 TRUE COPY OF THE DISCHARGE CARD ISSUED BY KOTTAYAM MEDICAL COLLEGE STATING THE EXTEND OF INJURIES SUSTAINED TO THE 1ST PETITIONER DATED 03/05/2019.