Suchindranath M vs The Kasargod Public Servants ...
2024 Latest Caselaw 26203 Ker

Kerala High Court

Suchindranath M vs The Kasargod Public Servants ... on 3 September, 2024

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W.P.(C) No.27115 of 2024

                                                      2024:KER:66844

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                           WP(C) NO. 27115 OF 2024

PETITIONER:

               SUCHINDRANATH M
               AGED 42 YEARS, S/O. NARAYANAN K.M,
               K.M NIVAS, KALYAN ROAD, BALLA P.O,
               KANHANGAD, KASARGOD, PIN - 671531

               BY ADV.
               SRI.JOSE J. MATHAIKAL

RESPONDENTS:

1              THE KASARGOD PUBLIC SERVANTS COOPERATIVE
               SOCIETY, KASARGOD, PIN - 671121
               REPRESENTED BY ITS SECRETARY
2              DEVADAS
               S/O RAGHAVAN, THADIYAN KOVVAL HOUSE,
               UDINOOR P.O, KASARGOD DISTRICT, PIN - 671310

               BY ADV.
               SRI.M.SASINDRAN .


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.27115 of 2024

                                                          2024:KER:66844

                   HARISANKAR V. MENON, J.
            ------------------------------
                   W.P.(C) No.27115 of 2024
            ------------------------------
            Dated this the 3rd day of September, 2024

                              JUDGMENT

The petitioner has filed this writ petition challenging coercive

proceedings pursuant to Ext.P1 issued pursuant to the orders of

the Sub-Court, Kasargod.

2. Sri.Jose J. Mathaikal, the learned counsel for the

petitioner, points out that the petitioner does not dispute the

amount involved, and his only prayer is for an instalment facility

to clear the balance outstanding.

3. Sri.M.Sasindran, the learned counsel for the 1st

respondent, would point out that reasonable instalments may be

extended to the petitioner.

4. Considering the manner in which this writ petition is

proposed to be disposed of as also the fact that the 2nd respondent

herein is only a guarantor, service of notice to the 2 nd respondent

is dispensed with.

This writ petition would stand disposed of with the following

directions;

i. The petitioner to remit an amount of Rs.2 lakh in a

2024:KER:66844

week's time from today towards the arrears as per

Ext.P1.

ii. The balance outstanding as per Ext.P1 would be

cleared by the petitioner in 10 equal monthly

instalments commencing from 30.10.2024.

iii. If two successive defaults are committed by the

petitioner, the benefits of this judgment would

stand recalled.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:66844

APPENDIX OF WP(C) 27115/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCLAMATION OF SALE DATED 1/7/2024 ISSUED BY THE SUB COURT, KASARGOD