Kerala High Court
Santhamma P vs Special Sale Officer/ Assistant ... on 15 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:85778
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 35744 OF 2024
PETITIONER:
SANTHAMMA P
AGED 58 YEARS
PANAMBILA MELATHIL VEEDU, VILLOOR,
MELILA, KOTTARAKKARA,
KOLLAM DISTRICT, PIN - 691508
BY ADVS.
K.V.ANIL KUMAR
RADHIKA S.ANIL
RESPONDENTS:
1 SPECIAL SALE OFFICER/ ASSISTANT REGISTRAR
KOTTARAKKARA CO- OPERATIVE URBAN BANK GROUP,
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
KOTTARAKKARA, KOLLAM DISTRICT,
PIN - 691506
2 THE MANAGER
KOTTARAKKARA CO-OPERATIVE URBAN BANK LTD
NO. 1909, KOTTARAKKARA P.O.,
KOLLAM DISTRICT, PIN - 691506
BY ADV.
SMT.SWAPNA VIJAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.35744 OF 2024
2
JUDGMENT
Dated this the 15th day of November, 2024
The petitioner, who availed a financial advance from the
2nd respondent-Bank and against whom the Bank has
initiated coercive proceedings, has filed this writ petition
seeking the following reliefs:-
"i. Issue a writ of mandamus or any other
appropriate writ, order or direction, commanding the
respondents not to initiate any further proceedings in
Ext.P1 auction sale notice against the petitioner's
residential property having extent of 06.07 Ares in Re.Sy.
No.142/3-2 of Melila Village with respect to the loan from
the 2nd respondent Bank, and to permit her to repay the
actual due amount with reasonable interest as
installments;
ii. Issue a writ of mandamus or any other appropriate
writ, order or direction, demanding the respondents to
furnish the statement of accounts showing the exact
amount repayable by the petitioner towards the loan
amount."
2. When the writ petition came up for admission on
10.10.2024, this Court passed an interim order to the
following effect:-
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WP(C) NO.35744 OF 2024
"Issue urgent notice on admission by speed
post to the respondents.
There will be an interim order staying further
proceedings pursuant to Ext.P1 for a period of one
month on condition that the petitioner shall remit an
amount of ₹ 60,000/- within a period of one month."
Standing Counsel representing the Bank submits that the
petitioner has not remitted the amount as directed by this
Court so far.
3. The petitioner approached this Court seeking to
permit him to clear the entire outstanding loan amount in
instalments. The petitioner was directed to remit a small
amount towards repayment. The petitioner has not remitted
the said amount.
In such circumstances, the petitioner is not entitled to
any further discretionary relief from this Court under Article
226 of the Constitution of India. The writ petition is therefore
dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
2024:KER:85778
WP(C) NO.35744 OF 2024
APPENDIX OF WP(C) 35744/2024
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE AUCTION SALE NOTICE
DATED 30.08.2024 ISSUED BY THE 1ST
RESPONDENT
