Kerala High Court
Achuthaprakash T.G vs The District Collector on 18 August, 2025
WP(C) NO. 25594 OF 2025
1
2025:KER:61964
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
WP(C) NO. 25594 OF 2025
PETITIONER:
ACHUTHAPRAKASH T.G.,
AGED 66 YEARS
S/O GANGADHARAN T.A.,THARANILATH HOUSE,
KODANAD P.O., KUNNATHUNAD,
ERNAKULAM, PIN - 683554
BY ADVS.
SRI.P.P.BIJU
SRI.E.JIJOBAL
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
2 KERALA STATE CO-OPERATIVE BANK LTD.,
PERUMBAVOOR MAIN BRANCH,
REPRESENTED BY SECRETARY, YATHRI NIVAS,
AM ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683542
3 THE AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD.,
PERUMBAVOOR MAIN BRANCH, YATHRI NIVAS,
AM ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683542
4 THE TAHSILDAR,
KUNNATHUNAD TALUK, CIVIL STATION,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683542
5 THE VILLAGE OFFICER,
WP(C) NO. 25594 OF 2025
2
2025:KER:61964
KODANAD VILLAGE OFFICE,
KODANAD P.O., ERNAKULAM DISTRICT, PIN - 683544
6 SUNIL K.D.,
KALAPURACKAL HOUSE, ALATTUCHIRA,
KUNNATHUNAD, ERNAKULAM, PIN - 683544
BY ADV SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25594 OF 2025
3
2025:KER:61964
JUDGMENT
The writ petition is filed with the following prayers.
" i. Issue a writ of mandamus or any other writ,
order or direction, directing the respondents No's 2 to 5 to
take steps to recover the loan amount from the 6 th
respondent principal debtor.
ii. Issue a writ of mandamus or any other writ, order
or direction, directing the 4th respondent to initiate further
steps as directed by the 1 st respondent as per Exhibit-P4
within the time as fixed by this Hon'ble court.
iii. Issue a writ of mandamus or any other writ,
order or direction, directing the respondents 1 to 5 to take
action against the 6th respondent who is having sufficient
income and property to indemnify the loan amount due to the
2nd respondent bank.
iv. dispense with the translation of documents
produced in the Vernacular Language.
v. Be further pleased to issue such other writ or
order or direction as deem just and proper in the
circumstances of the case."
2. An interim order was passed by this court on 14.07.2025 as
follows.
" To consider the prayers sought for in the writ
petition seeking instalment facility and to defer the coercive
WP(C) NO. 25594 OF 2025
2025:KER:61964
steps against the petitioner, as an interim measure, there will
be a direction to the petitioner to remit an amount of
Rs.3,00,000/-(Rupees Three Lakhs only) within one month. It
is made clear that, if the above payment is not made, the
respondents will be at liberty to proceed further, in
accordance with law. Post on 18.08.2025."
3. It is not disputed before me that the above order has not
been complied with by the petitioner.
4. This Court exercises very limited jurisdiction in matters
arising under the SARFAESI Act, as repeatedly held by the Honourable
Supreme Court in several judgments, including in South Indian Bank
Ltd. and Ors. v. Naveen Mathew Philip and Ors. [2023 17 SCC 311] that
the powers conferred under Article 226 of the Constitution of India are
rather wide but are required to be exercised only in extraordinary
circumstances in matters pertaining to proceedings and adjudicatory
scheme qua a statute, more so in commercial matters involving a
lender and a borrower, when the legislature has provided for a specific
mechanism for appropriate redressal. When this Court is approached
with a prayer to permit the borrowers to clear the liability in
WP(C) NO. 25594 OF 2025
2025:KER:61964
instalments, the borrowers must prove bona fides. The non-compliance
of the interim order indicates that the petitioner in this case has not
shown any bona fides to enable this Court to permit him to clear the
liability in instalments.
5. Therefore, I find no reason to grant the reliefs sought for in
this writ petition, and the same will stand dismissed without prejudice
to the right of the petitioner to challenge the measures taken by the
secured creditor as provided under the SARFAESI Act, if so advised.
The writ petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 25594 OF 2025
2025:KER:61964
APPENDIX OF WP(C) 25594/2025
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 08.05.2025
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 06.06.2025
ISSUED BY THE 4THRESPONDENT TO THE SUB
REGISTRAR, PERUMBAVOOR
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 04.07.2025
ISSUED BY THE PUBLIC INFORMATION OFFICER,
VILLAGE OFFICE, KODANADUNDER RIGHT TO
INFORMATION ACT
EXHIBIT P4 TRUE COPY OF THE LETTER NO.DCEKM/8242/2025-
B15 DATED 24.06.2025 ISSUED BY THE 1ST
RESPONDENT TO THE 4TH RESPONDENT
// True Copy // PA To Judge
