Kerala High Court
Sreelatha vs Special Sale Officer on 17 January, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 1 :
2025:KER:3644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 44889 OF 2024
PETITIONER:
SHOBANADEVI M D, AGED 56 YEARS
W/O T K UNNIKRISHNAN, THEKKIL HOUSE,
ARUMANOOR P.O AYARKKUNNAM VILLAGE,
KOTTAYAM TALUK KOTTAYAM DISTRICT, PIN - 686583
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 SPECIAL SALE OFFICER,
MANGANAN SCB GROUP ASSISTANT REGISTRAR OFFICE
(GENERAL) KOTTAYAM, NEAR RAILWAY STATION
KOTTAYAM DISTRICT, PIN - 686001
2 PUNNATHURA SERVICE CO-OPERATIVE BANK LTD NO.
1712
REPRESENTED BY ITS SECRETARY PUNNATHURA
SERVICE CO-OPERATIVE BANK LTD NO. 1712
PUNNATHURA POST, KOTTAYAM., PIN - 686583
R BY SRI.K.C.VINCENT, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.01.2025, ALONG WITH WP(C).44875/2024,
44891/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 2 :
2025:KER:3644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 44875 OF 2024
PETITIONERS:
1 SHIVASHANKARAN NAIR, AGED 65 YEARS
S/O NARAYANAPILLA ARUN NIVAS ARUMANOOR POST,
ETTUMANOOR VILLAGE KOTTAYAM TALUK,
KOTTAYAM DISTRICT,, PIN - 686019
2 SUNI SHIVASHANKARAN, AGED 55 YEARS
W/O SHIVASHANKARAN NAIR ARUN NIVAS,
ARUMANOOR POST ETTUMANOOR VILLAGE
KOTTAYAM TALUK,, PIN - 686019
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 SPECIAL SALE OFFICER,
MANGANAN SCB GROUP ASSISTANT REGISTRAR OFFICE
(GENERAL) KOTTAYAM, NEAR RAILWAY STATION
KOTTAYAM DISTRICT, PIN - 686001
2 PUNNATHURA SERVICE CO-OPERATIVE BANK LTD,
TD NO. 1712
REPRESENTED BY ITS SECRETARY,
PUNNATHURA POST, KOTTAYAM, PIN - 686583
BY ADV K.C.VINCENT,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 3 :
2025:KER:3644
HEARD ON 17.01.2025, ALONG WITH WP(C).44889/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 4 :
2025:KER:3644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 44891 OF 2024
PETITIONERS:
1 SOMASHEKARAN PILLA V V, AGED 58 YEARS
VADAKKEDATH HOUSE ARUMANOOR P.O
KOTTAYAM, PIN - 686568
2 PADMAKUMARI, AGED 62 YEARS
VADAKKEDATH HOUSE ARUMANOOR P.O
KOTTAYAM, PIN - 686568
3 LEKA G NAIR, AGED 60 YEARS
VADAKKEDATH HOUSE ARUMANOOR P.O
KOTTAYAM, PIN - 686568
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 SPECIAL SALE OFFICER,
MANGANAN SCB GROUP ASSISTANT REGISTRAR OFFICE
(GENERAL) KOTTAYAM, NEAR RAILWAY STATION
KOTTAYAM DISTRICT, PIN - 686001
2 PUNNATHURA SERVICE CO-OPERATIVE BANK LTD NO.
1712
REPRESENTED BY ITS SECRETARY
PUNNATHURA SERVICE CO-OPERATIVE BANK LTD NO.
1712 PUNNATHURA POST, KOTTAYAM., PIN - 686563
BY ADV K.C.VINCENT,SC
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 5 :
2025:KER:3644
THIS WRIT PETITION (CIVIL) HAVING BEEN FINAALLY
HEARD ON 17.01.2025, ALONG WITH WP(C).44889/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 44893 OF 2024
PETITIONERS:
1 SREELATHA, AGED 52 YEARS
RESIDING AT VADAKKEDATH HOUSE,
AMAYANNOOR POST AYARKKUNNAM VILLAGE
KOTTAYAM TALUK KOTTAYAM DISTRICT, PIN - 686019
2 SASIDHARAN PILLAI, AGED 55 YEARS
RESIDING AT VADAKKEDATH HOUSE, AMAYANNOOR
POST, AYARKKUNNAM VILLAGE KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686019
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 SPECIAL SALE OFFICER,
MANGANAN SCB GROUP ASSISTANT REGISTRAR OFFICE
(GENERAL) KOTTAYAM, NEAR RAILWAY STATION
KOTTAYAM DISTRICT- 686001
2 PUNNATHURA SERVICE CO-OPERATIVE BANK LTD NO.
1712
REPRESENTED BY ITS SECRETARY PUNNATHURA
SERVICE CO-OPERATIVE BANK LTD NO. 1712
PUNNATHURA POST,
KOTTAYAM, PIN - 686583
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 6 :
2025:KER:3644
BY ADV K.C.VINCENT,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.01.2025, ALONG WITH WP(C).44889/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
: 7 :
2025:KER:3644
JUDGMENT
The petitioners in these writ petitions had
availed loans from the Punnathura Service Co-
operative Bank. The petitioners have approached
the Society for One Time Settlement Scheme
(OTS) under Circular No.1/2025.
2. The learned Standing Counsel for the
Society, on instructions, submits that the
applications of the petitioners for OTS are being
processed and the petitioners will be given
maximum benefits to which they are entitled as
per the Circular.
3. Recording the said submission, the writ
petitions are closed. To enable the Society to
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
process the applications of the petitioners for
OTS, all coercive proceedings initiated against
them shall stand deferred for a period of one
month from today.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
APPENDIX OF WP(C) 44889/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE IN EA
1298/2024 DATED 16.05.2024
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE BY WAY OF
EA NO. 1296/2024 DATED 16.05.2024
Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE IN EA
1297/2024 DATED 16.05.2024
Exhibit P4 A TRUE COPY OF THE CIRCULAR N0.82/2013
DATED 03.01.2014
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP (C) NO.
18254/2024 BEFORE THE HON'BLE HIGH COURT OF
KERALA, AT ERNAKULAM DATED 29-5-2024
Exhibit P6 A TRUE COPY OF THE REPRESENTATION ALONG
WITH TWO DOCUMENTS SHOWING THE MARKET VALUE
OF THE PROPERTY ON 10.06.2024
Exhibit P7 A TRUE COPY OF THE POSTAL RECEIPT DATED
11.06.2024
Exhibit P8 A TRUE COPY OF THE NOTICES DATED 16.10.2024
IN EA NO.1296/2024,
Exhibit P9 TRUE COPY OF THE NOTICES DATED 16.10.2024
IN EA NO.1296/2024,
Exhibit P10 TRUE COPY OF THE NOTICES DATED 16.10.2024
IN EA NO.1298/2024,
Exhibit P11 A TRUE COPY OF THE AUCTION SALE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P12 A TRUE COPY OF THE AUCTION SALE NOTICE
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P13 A TRUE COPY OF THE AUCTION SALE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P14 A TRUE COPY OF THE VALUATION REPORT OF
PROPERTY AND BUILDING
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
APPENDIX OF WP(C) 44875/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 07.03.2024
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 07.03.2024
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 16.05.2024
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 16.05.2024
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN
WPC.NO.18808/2024 BEFORE THE HON'BLE HIGH
COURT OF KERALA, AT ERNAKULAM DATED 24-6-
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED
20.07.2024 FILED BY THE PETITIONERS BEFORE
THE 1ST RESPONDENT
Exhibit P7 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
CARD
Exhibit P8 A TRUE COPY OF THE SALE DEED DATED
21.03.2024
Exhibit P9 A TRUE COPY OF THE NOTICE DATED 16.10.2024
Exhibit P10 A TRUE COPY OF THE NOTICE DATED 16.10.2024
Exhibit P11 A TRUE COPY OF THE AUCTION SALE NOTICE
DATED 19.11.2024 ISSUED BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
Exhibit P12 A TRUE COPY OF THE AUCTION SALE NOTICE
DATED 19.11.2024 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND PETITIONER
Exhibit P13 A TRUE COPY OF THE VALUATION OF THE
BUILDING
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
APPENDIX OF WP(C) 44891/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 16.05.2024
IN EA 1308/2024,
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 16.05.2024
IN EA 1311/2024,
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 16.05.2024
IN EA 1312/2024,
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP (C) NO.
18266/2024 BEFORE THE HON'BLE HIGH COURT OF
KERALA AT ERNAKULAM DATED 29-5-2024
Exhibit P5 A TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6 A TRUE COPY OF THE POSTAL RECEIPT DATED
11.06.2024
Exhibit P7 A TRUE COPY OF THE NOTICE DATED 16.10.2024
Exhibit P8 A TRUE COPY OF THE NOTICE DATED 16.10.2024
Exhibit P9 A TRUE COPY OF THE NOTICE DATED 16.10.2024
Exhibit P10 A TRUE COPY OF THE AUCTION SALE NOTICE
DATED 19-11-2024 ISSUED BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER
Exhibit P11 A TRUE COPY OF THE AUCTION SALE NOTICE
DATED 19-11-2024 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND PETITIONER
Exhibit P12 A TRUE COPY OF THE AUCTION SALE NOTICE
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
DATED 19-11-2024 ISSUED BY THE 1ST
RESPONDENT TO THE 3RD PETITIONER
Exhibit P13 A TRUE COPY OF THE VALUATION REPORT
PREPARED BY THE LICENSED VALUATOR
WP(C) Nos.44889/2024, 44875/2024,
44891/2024 & 44893/2024
2025:KER:3644
APPENDIX OF WP(C) 44893/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED NIL IN
E.A.NO. 1307/2024 ISSUED BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER
Exhibit P2 A TRUE COPY OF THE NOTICE DATED NIL IN
E.A.NO. 1309/2024 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND PETITIONER
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP( C) NO.
18266/2024 DATED 29.05.2024 BEFORE THE
HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
10-6-2024 FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE POSTAL RECEIPT DATED
11.06.2024
Exhibit P6 A TRUE COPY OF THE NEWSPAPER IN MALAYALAM
MANORAMA DAILY DATED 04.12.2024 PUBLISHED
BY THE 1ST RESPONDENT
