Kerala High Court
Nithin Sunny vs Special Sale Officer on 22 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:78724
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 29668 OF 2024
PETITIONER:
NITHIN SUNNY
AGED 32 YEARS
S/O K. C. SUNNY,
RESIDING AT KUNNUMMEL, THIRUMARADY P. O,
THIRUMARADY, ERNAKULAM.,
PIN - 686662
BY ADV M.HEMALATHA
RESPONDENTS:
1 SPECIAL SALE OFFICER
THIRUMARADY AGRICULTURAL IMPROVEMENT CO-
OPERATIVE SOCIETY LTD NO. E1195,
THIRUMARADY, KOOTHATTUKULAM,
ERNAKULAM DISTRICT, PIN - 686662
2 THIRUMARADY AGRICULTURAL IMPROVEMENT CO-
OPERATIVE SOCIETY LTD NO. E1195
THIRUMARADY, KOOTHATTUKULAM,
ERNAKULAM DISTRICT
REPRESENTED BY THE SECRETARY,
PIN - 686662
BY ADVS.
VIJAI MATHEWS
JOSEPH THEKKEKURUVANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.29668 OF 2024
2
JUDGMENT
Dated this the 22nd day of October, 2024
The petitioner, who has availed a loan from the 2 nd
respondent-Co-operative Society and against whom the 2 nd
respondent has initiated coercive proceedings for recovery
of loan amount, has filed this writ petition seeking the
following reliefs:-
"(i) To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents to postpone the sale for a period of three
months;
(ii) allow the petitioner to repay the amount
mentioned in Ext.P1 in installments;
(iii) To stay further proceedings pursuant to
Ext.P1."
2. When this writ petition came up for admission on
22.08.2024, this Court passed an interim order to the
following effect:-
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WP(C) NO.29668 OF 2024
"Issue urgent notice on admission by speed
post to the respondents.
There will be an interim order staying
confirmation of sale as per Ext.P1 for a period of
one month on condition that the petitioner shall
remit an amount of ₹20 lakhs within a period of
one month from today."
3. Standing Counsel representing the respondents
submits that in spite of the order of this Court, the amount
has not been paid by the petitioner so far. Standing
Counsel further submits that the outstanding amount
payable by the petitioner as on 14.10.2024 is
₹1,14,43,964/-.
4. The writ petition has been filed seeking to allow
the petitioner to repay the amount payable in instalments.
This Court passed an interim order on 22.08.2024 directing
the petitioner to make a part payment towards the loan
account, but the petitioner has not paid the amount.
5. In the circumstances, I find that the petitioner is
not entitled to any further discretionary relief under Article
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WP(C) NO.29668 OF 2024
226 of the Constitution of India.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.29668 OF 2024
APPENDIX OF WP(C) 29668/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE AUCTION NOTICE
DATED 27.06.2024
