Kerala High Court
Sajithakumari K B vs District Collector, Kottayam on 11 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:69262
W.P.(C) No.28599/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 28599 OF 2024
PETITIONERS:
1 SAJITHAKUMARI K.B.,
AGED 45 YEARS,
W/O.ANILKUMAR, ANIL NIVAS,
KUTTAMPEROOR MURI, MANNAR VILLAGE,
CHENGANNUR TALUK, KUTTANMPEROOR P.O.,
ALAPPUZHA DISTRICT, PIN - 689623
2 JOLLY KURIAN,
AGED 61 YEARS,
W/O. KURIAN, V.C., VAYARAPPURATHU VEEDU,
PAVUKKARA MURI, MANNARKURATTISSERY VILLAGE,
CHENGANNUR TALUK, PAVUKKARA, PIN - 689622
3 REENA JOSEPH,
AGED 45 YEARS,
W/O. JOSEPH, C.X,CHOOTHAMPARAMBIL,
KALIYAMPADAM KARA, RAMESWARAM VILLAGE,
KOCHI TALUK, KOCHI, PIN - 682002
4 SHEEJA GIRISH,
AGED 47 YEARS,
W/O. GIRISH,MUKALEL, VAZHOOR MURI,T.P.
PURAM.P.O.VAZHOOR VILLAGE,
CHANGANACHERY TLAUK, PIN - 686505
BY ADVS.
MATHEW JAMES
AHALYA S.
RESPONDENTS:
1 DISTRICT COLLECTOR,
KOTTAYAM,
COLLECTORATE,
KOTTAYAM, PIN - 686001
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W.P.(C) No.28599/2024
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2 REGISTRAR,
DISTRICT CO-OPERATIVE BANK, KOTTAYAM,
DISTRICT CO- OPERATIVE BUILDING,
HEAD OFFICE, P.B. NO.140,
KOTTAYAM, PIN - 686001
3 THE VILLAGE OFFICER,
KANGAZHA VILLAGE, CHANGANACHERY,
KOTTAYAM, PIN - 686141
4 THE SECRETARY,
NEDUMKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO
1301, NEDUMKUNNAM, KOTTAYAM DISTRICT, PIN -
686141
5 V.V. DOMINIC,
S/O. V.VARGHESE, ANIYARAPADY, NEDUMKUNNAM,
CHANGANACHERY, KOTTAYAM, PIN - 686141
6 JIMMY DOMINIC,
AGED 35 YEARS,
S/O.V.V.DOMINIC,VATTACHALIL VEETIL,
KANGAZHA KARA, MUNDATHANAM.P.O.KANGAZHA
VILLAGE, CHANGANACHERY TALUKPIN, PIN - 686141
BY ADVS.
SRI.SANIL JOSE
SRI.P.G.SUDHEESH(K/000470/2000)
SRI.BONNY BENNY(K/000234/2017)
SRI.K.P.ANTONY BINU(K/103/2014)
SRI.AMALJITH(K/001274/2024)
SRI.SHERIDWAN
SMT.MABLE C.KURIEN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.28599/2024
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JUDGMENT
Dated this the 11th day of September, 2024
The petitioners have approached this Court seeking
the following reliefs:
"i) Issue a writ of mandamus directing the 4 th
respondent to furnish the information and
proceedings initiated against Ext.P1 property.
ii) Direct the 4th respondent to submit the liability
amount in Ext.P1 property and permit the petitioners
to clear the liability in equal monthly instalments.
iii) To grant such other reliefs which this Court may
deem fit in the facts and circumstances of the case."
2. The petitioners would urge that the property
with pre-existing liability was transferred in the name of the
petitioners and the petitioners, without knowing the liability,
purchased the same. This has resulted in huge financial
liability on the petitioners. The Bank is proceeding against the
petitioners for recovery of the said amount.
3. The petitioners submit that now a bonafide
purchaser has come to purchase the property. If the said
2024:KER:69262
purchaser takes over the property, the petitioners will be able
to clear the entire outstanding amount payable to the Bank.
4. Standing Counsel resisted the writ petition
on behalf of the Bank. The Standing Counsel submitted that
earlier the petitioners had approached this Court and this
Court had granted liberty to the petitioners to approach the
Bank and settle the liability. The petitioners have not turned
up for settling the liability. As on 11.09.2024, the liability of
the petitioners would exceed ₹56,28,937/-. Unless the
petitioners pay the entire outstanding amount, the petitioners
cannot be relieved from his liabilities.
5. Be that as it may, the specific case of the
petitioners is that there is a purchaser who has come forward
and if the property in question is purchased by him, the entire
amount due to the Bank can be cleared. In the facts of the
case, I am of the view that the petitioners can be given an
opportunity to approach the Bank for settlement of the loan
account with the aid of the said purchaser.
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The writ petition is accordingly disposed of permitting
the petitioners to approach the Bank along with purchaser of
the property with a viable proposal, within a period of three
weeks from today. If the petitioners along with the purchaser
make a viable proposal for settlement of account, the Bank
will be at liberty to take appropriate decision taking into
account the bonafide of purchaser also, as per rules. If the
petitioners make a proposal within a period of three weeks as
permitted above, coercive proceedings against the petitioners
shall stand deferred till the Bank takes a decision in the
matter. If the petitioners fail to make such proposal, the Bank
will be at liberty to proceed against the petitioners in
accordance with law.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:69262
APPENDIX OF WP(C) 28599/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
10/04/2017.
Exhibit P2 TRUE COPY OF THE JUDGEMENT OF THIS
HON'BLE COURT IN WP(C) NO. 22047 OF
2018 DATED 04/02/2019.
Exhibit P3 TRUE COPY OF THE REPRESENTATION BY
PETITIONERS TO 4TH RESPONDENT.
