Kerala High Court
Suhas K M vs 1. The Anakkara Service Co-Operative ... on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:75663
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA,
1946
WP(C) NO. 29823 OF 2024
PETITIONER:
SUHAS K M
AGED 40 YEARS
S/O MOHANAN K K,
KUTTIPURATH HOUSE, MULLASSERY,
PERUVALLUR, CHAVAKKAD,
THRISSUR, KERALA, PIN - 680508
BY ADVS.
SARATH BABU KOTTAKKAL
E.ADITHYAN
MEERA RAMESH
RINU MOL ROY
ABRAHAM P. BINU
RESPONDENTS:
1 THE ANAKKARA SERVICE CO-OPERATIVE BANK LTD
NO F. 549, P.O, PERUVALLUR,
THRISSUR , KERALA ,
REPRESENTED BY ITS SECRETARY,
PIN - 680508
2 THE SECRETARY
THE ANAKKARA SERVICE CO-OPERATIVE BANK LTD.
NO F.549,
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WP(C) NO.29823 OF 2024
2
P.O PERUVALLUR,
THRISSUR , KERALA,
PIN - 680508
3 SPECIAL SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES,
THE ANAKKARA SERVICE CO-OPERATIVE BANK LTD.
NO F. 549,
THE OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES ,
CHAVAKKAD,THRISSUR,
PIN - 680104
BY ADV RASMI NAIR . T
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.29823 OF 2024
3
JUDGMENT
Dated this the 10th day of October, 2024
The petitioner, who availed a financial advance from
the 1st respondent-Bank and against whom the Bank has
initiated coercive proceedings, has filed this writ petition
seeking the following relief:-
"To issue a writ of mandamus or any other writ, order or
direction, directing the respondents to permit the
petitioners to clear off the entire outstanding amount in
Loan No.MTML 483 in 20 equal monthly instalments. "
2. When the writ petition came up for admission on
22.08.2024, this Court passed an interim order 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. P2 till
24.09.2024 on condition that the petitioner shall
remit on amount of ₹ 50,000/- within a period of
one month from today. "
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WP(C) NO.29823 OF 2024
3. Standing Counsel representing the Bank submits
that the petitioner has not remitted the amount so far.
4. The petitioner approached this Court seeking to
permit him to clear the entire outstanding loan amount in 20
equal monthly 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
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WP(C) NO.29823 OF 2024
APPENDIX OF WP(C) 29823/2024
PETITIONER'S EXHIBITS
Exhibit 1 A TRUE COPY OF THE DEATH CERTIFICATE
DATED 19-10- 2019 ISSUED BY THE
MULLASSERY GRAMA PANCHAYAT IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT-P1
Exhibit 2 A TRUE COPY OF THE NOTICE FOR SALE OF
IMMOVABLE PROPERTY DATED 07-06-2024
ISSUED BY THE 3RD RESPONDENT IS
PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P2
Exhibit 3 TRUE COPY OF THE FORM NO 2 NOTICE
ISSUED BY THE THIRD RESPONDENT DATED
10-08-2024 IS PRODUCED HEREWITH AND IS
MARKED AS EXHIBIT P3.
