T.P. Krishnan vs Kasaragod Primary Cooperative ...
2024 Latest Caselaw 33580 Ker

Kerala High Court

T.P. Krishnan vs Kasaragod Primary Cooperative ... on 21 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2024:KER:87399



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                 WP(C) NO. 34319 OF 2024

PETITIONER:

         T.P. KRISHNAN
         AGED 59 YEARS
         S/O POKKAN, RESIDING AT ALAKKAVU HOUSE,
         KUTTIKKOL P.O,
         KASARAGOD DISTRICT, PIN - 671541


         BY ADV
         SMT.S.SOUMYA ISSAC


RESPONDENT:

         KASARAGOD PRIMARY COOPERATIVE AGRICULTURAL AND
         RURAL DEVELOPMENT BANK FF : 113
         KASARAGOD REPRESENTED BY ITS' AUTHORIZED
         OFFICER/ CHIEF MANAGER,
         PIN - 671123


         BY ADV
         SRI. PUSHPARAJAN KODOTH

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                               2024:KER:87399
WP(C) NO.34319 OF 2024

                              2




                         JUDGMENT

Dated this the 21st day of November, 2024

The petitioner, who has availed a financial advance

from the respondent-Bank and against whom the Bank

initiated coercive proceedings for recovery, approached this

Court seeking to direct Bank to regularise the loan account

and keep in abeyance all recovery and sale proceedings.

2. Standing Counsel representing the Bank submits

that pursuant to the recovery proceedings, mortgaged

property of the petitioner is already auctioned for an amount

of ₹12,26,713/-. The Standing Counsel further submitted that

the petitioner's request for reconveying the property can be

considered only if the petitioner pays the said amount along

with interest immediately.

2024:KER:87399 WP(C) NO.34319 OF 2024

3. Considering the fact that the property of the

petitioner has already been sold, the reliefs prayed for in the

writ petition cannot be granted.

The writ petition is therefore dismissed granting liberty

to the petitioner to approach the Bank with appropriate

request for reconveying the property of the petitioner.

Sd/-

N.NAGARESH JUDGE hmh 2024:KER:87399 WP(C) NO.34319 OF 2024

APPENDIX OF WP(C) 34319/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE BANK DATED ON 09.08.2024

RESPONDENT'S EXHIBITS

Exhibit R1 TRUE COPY OF THE NOTICE ISSUED BY THE BANK