Kerala High Court
K.Mukundan vs The Authorized Officer on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 9066 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 9066 OF 2024
PETITIONER/S:
1 K.MUKUNDAN, AGED 62 YEARS
ELLUVILA PUTHENVEEDU,ALATHOOR, ANAVOOR P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695124
2 K.SAJITHA, AGED 56 YEARS
W/O.MUKUNDAN, ELLUVILA PUTHENVEEDU,ALATHOOR, ANAVOOR P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695124
BY ADVS. B.KRISHNA MANI
N.V.SANDHYA
DHANUJA M.S
RESPONDENT/S:
1 THE AUTHORIZED OFFICER,
THE NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD. NO.931,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
2 THE BRANCH MANAGER,
THE NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD. NO.931,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 03.09.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"i) Call for records leading to Ext.P8 and quash the same in so far it
relates to the properties of the petitioners marked as serial No.18
therein by a writ of certiorari or any other appropriate writ, order
or direction;
ii) Issue a writ of mandamus or any other appropriate writ, direction
or order directing the respondents not to proceed ahead with Ext.P8
in so far it relates to the properties of the petitioners in any manner.
iii) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to sell only the
required quantum of property after quantification;
iv) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to quantify the
amounts if any due and further grant all benefits and concessions as
enjoined under law including those under the One Time Settlement
Scheme and also further direct the respondents to grant all benefits
and concessions during the period of the pandemic, Covid-19;
v) Issue a writ of mandamus or any other appropriate writ, direction
or order directing the respondents only to levy 6% simple interest
per annum.
WP(C) NO. 9066 OF 2024
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vi) Award costs and
vii) Any other reliefs this Hon'ble Court deems fit."
2. This is the fourth writ petition for the same cause of
action. This Court is of the view that successive writ petitions for
the same cause of action are not maintainable.
3. Therefore, the writ petition is dismissed. However, the
petitioner may approach the Bank for a One-time Settlement/re-
scheduling of the payment terms, and the Bank shall take an
appropriate decision on such an application, if any, is filed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
WP(C) NO. 9066 OF 2024
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APPENDIX OF WP(C) 9066/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 22.01.2015 IN
WP(C)NO.24283 OF 2014 BEFORE THE HON’BLE HIGH
COURT OF KERALA, ERNAKULAM.
Exhibit-P2 A TRUE COPY OF THE JUDGMENT DATED 17/12/2015 IN
W.P.(C)NO.38001/2015 BEFORE THE HON’BLE HIGH
COURT OF KERALA.
Exhibit-P3 A TRUE COPY OF THE RELEVANT PORTION OF
W.P(C)NO.15732/2019 FILED BY THE PETITIONERS DATED
5/6/2019 BEFORE THE HON’BLE HIGH COURT OF
KERALA.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 5/7/2019 IN
W.P(C)NO.15732/2019 BEFORE THE HON’BLE HIGH
COURT OF KERALA.
Exhibit-P5 A TRUE COPY OF THE RECEIPT DATED 3/10/2019.
Exhibit-P6 A TRUE COPY OF THE RECEIPT DATED 7/3/2020
Exhibit-P7 A TRUE COPY OF THE RECEIPT DATED 29/3/2023.
Exhibit-P8 A TRUE COPY OF THE PUBLICATION IN NEWS PAPER,
MALAYALA MANORAMA IN ITS THIRUVANANTHAPURAM
EDITION DATED 30/1/2024.
Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 12-3-2024 ISSUED BY
THE BANK TO THE PETITIONER
Exhibit P10 A TRUE COPY OF THE RECEIPT DATED 11-7-2024 ISSUED BY
THE BANK TO THE PETITIONER
