Kerala High Court

Jayakrishnan T.P vs The Shoranur Co-Operative Urban Bank ... on 21 July, 2025

WP(C) Nos. 16160 & 16182 OF 2025


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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947

                     WP(C) NO. 16160 OF 2025

PETITIONER:

           JITHIN JAYAKRISHNAN,
           AGED 38 YEARS
           S/O JAYAKRISHNAN T.P., PALATT HOUSE, CHALAVARA
           P.O.,OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679505


           BY ADVS.
           SRI.S.SHANAVAS KHAN
           SMT.S.INDU
           SMT.KALA G.NAMBIAR




RESPONDENTS:

     1     THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,
           HEAD OFFICE SHORANUR,SHORANUR, PALAKKAD DISTRICT
           REPRESENTED BY ITS AUTHORISED OFFICER,
           PIN - 679121

     2     THE AUTHORISED OFFICER,
           THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,HEAD
           OFFICE SHORANUR,SHORANUR, PALAKKAD DISTRICT,
           PIN - 679121


           BY ADV SRI.P.P.THAJUDEEN


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.07.2025, ALONG WITH WP(C).16182/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 16160 & 16182 OF 2025


                                               2025:KER:54374


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947

                     WP(C) NO. 16182 OF 2025

PETITIONERS:

     1     JAYAKRISHNAN T.P.,
           AGED 74 YEARS
           S/O RAMANKUTTY MENON,PALATT HOUSE, CHALAVARA
           P.O.,OTTAPPALAM,PALAKKAD DISTRICT, PIN - 679505

     2     MRS. JISHA JAYAKRISHANAN,
           AGED 41 YEARS
           W/O RAJESH, PALATT HOUSE, CHALAVARA
           P.O.,OTTAPPALAM,PALAKKAD DISTRICT, PIN - 679505

           BY ADVS.
           SRI.S.SHANAVAS KHAN
           SMT.S.INDU
           SMT.KALA G.NAMBIAR
RESPONDENTS:

     1     THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,
           HEAD OFFICE SHORANUR, SHORANUR, PALAKKAD DISTRICT
           REPRESENTED BY ITS AUTHORISED OFFICER,
           PIN - 679121

     2     THE AUTHORISED OFFICER,
           THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,HEAD
           OFFICE SHORANUR,SHORANUR, PALAKKAD DISTRICT,
           PIN - 679121


           BY ADV SRI.P.P.THAJUDEEN


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.07.2025, ALONG WITH WP(C).16160/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 16160 & 16182 OF 2025


                                                                2025:KER:54374

                                  JUDGMENT

The writ petition No.16160 of 2025 is filed with the

following prayers:-

"i) Call for the records leading to Ext.P4 and quash the same by issuing a Writ of Certiorari

ii) Issue a writ of mandamus or any other writ, order or direction directing the respondents to grant sufficient time to the petitioner to pay off loan amount in respect of loan account No. 0003003800000008 in instalments and

iii) Exempt the petitioner from producing the English translation of the documents in vernacular language and

iv) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The writ petition No.16182 of 2025 is filed with the

following prayers:-

"i) Call for the records leading to Ext.P6 and quash the same by issuing a Writ of Certiorari

ii) Issue a writ of mandamus or any other writ, order or direction directing the respondents to grant sufficient time to the petitioners to pay off loan amount in respect of loan account No. 0003003600000006 in instalments and

iii) Exempt the petitioner from producing the English translation of the documents in vernacular language and

iv) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

WP(C) Nos. 16160 & 16182 OF 2025

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3. This Court had passed an interim order on 13.06.2025

as follows:

"The statement filed on behalf of the respondent bank shows that the total outstanding amount as regards the petitioner in W.P.(C) No.16160/2025 is Rs.75,13,723/- and of the petitioners in W.P.(C) No.16182/2025 is Rs.75,90,699/-. There will be a direction to the petitioners to pay 50% each of the above amounts within a month from today. It will be open to the petitioners in W.P.(C) No.16182/2025 to move this court after making the above payment for passing further orders. All coercive steps of the bank will be kept in abeyance for a period of six weeks.

Post on 25.07.2025"

4. Thereafter, an interim order was passed on 19.06.2025

as follows:

I.A.No.5 of 2025 in W.P.(C) No.16182 of 2025 This Court, by order dated 13.06.2025, directed the petitioners to remit 50% of the outstanding amount.

2. Learned counsel on both sides submits that the said order has been complied with. This is recorded.

Taking note of the fact that 50% of the amount, as directed by this Court in the order referred to above, has been complied with, and noticing that there is a temple situated in the property given as a secured asset to the respondent Bank, there will be a direction to the respondents to open the temple in question, forthwith. There will be a further direction to the petitioners in W.P. WP(C) Nos. 16160 & 16182 OF 2025

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I.A.No.5 of 2025 in W.P.(C) No.16160 of 2025 Taking note of the fact that the subject matter involved in this writ petition pertains to a portion of the residential property and that the petitioners have already paid 50% of the outstanding amount, there will be a direction to the respondent Bank to hand over possession of the above referred property forthwith. The petitioners will remit the balance 50% of the amount within a month from today.

2. Learned counsel for the respondent Bank submits that the petitioners have filed a suit against the Bank. 3. The petitioners will take such steps to withdraw the same without any further delay.

Post on 21.07.2025"

5. It is submitted by both sides that the above orders

have been complied with, and the properties returned as directed.

This is recorded.

Accordingly, nothing further remains to be considered in

these writ petitions, and the same are closed as infructuous. The

contentions of the parties as regards other issues are left open.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu WP(C) Nos. 16160 & 16182 OF 2025

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APPENDIX OF WP(C) 16182/2025

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE PHOTOGRAPHS OF THE DEITIES (TOTAL FOUR IN NUMBER) ExhibitP1(a) TRUE COPY OF THE PHOTOGRAPHS OF THE DEITIES (TOTAL FOUR IN NUMBER) ExhibitP1(b) TRUE COPY OF THE PHOTOGRAPHS OF THE DEITIES (TOTAL FOUR IN NUMBER) ExhibitP1(c) TRUE COPY OF THE PHOTOGRAPHS OF THE DEITIES (TOTAL FOUR IN NUMBER) ExhibitP2 TRUE COPY OF THE PHOTOGRAPH OF THE TEMPLE ExhibitP3 TRUE COPY OF THE DISCHARGE SUMMARY DATED NIL ISSUED BY M/S. PK DAS INSTITUTE OF MEDICAL SCIENCE, VANIAMKULAM, OTTAPPALAM ExhibitP4 TRUE COPY OF THE NOTICE DATED 03/08/2023 ISSUED BY THE SECOND RESPONDENT ExhibitP5 TRUE COPY OF THE ORDER DATED 12/02/2025 IN S.A NO.450/2024 OF THE HON'BLE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM ExhibitP6 TRUE COPY OF THE NOTICE DATED 28/03/2025 ISSUED BY THE SECOND RESPONDENT Exhibit P7 TRUE COPY OF THE RECEIPT DATED 14/05/2025 ISSUED BY HDFC BANK, SHORANUR BRANCH RESPONDENT EXHIBITS

Exhibits R2[b] The true copy of the Judgement of this Hon'ble Court in WPC 24318 of 2024 dated 23.01.2025 Exhibits R2[c] The account statement pertaining to the loan account of the petitioner Exhibits R2[a] The true copy of the interim order dated 09.07.2024 in WPC No. 24318 of

PETITIONER EXHIBITS

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 16/06/2025 ISSUED BY THE FIRST RESPONDENT WP(C) Nos. 16160 & 16182 OF 2025

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Exhibit P9 TRUE COPY OF THE REQUEST DATED 16/06/2025 SUBMITTED BY SECOND PETITIONER BEFORE THE GM/CHAIRMAN/CEO OF FIRST RESPONDENT WP(C) Nos. 16160 & 16182 OF 2025

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APPENDIX OF WP(C) 16160/2025

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE DISCHARGE SUMMARY DATED NIL ISSUED BY M/S. PK DAS INSTITUTE OF MEDICAL SCIENCE, VANIAMKULAM, OTTAPPALAM ExhibitP2 TRUE COPY OF THE NOTICE DATED 03/08/2023 ISSUED BY THE SECOND RESPONDENT ExhibitP3 TRUE COPY OF THE ORDER DATED 12/02/2025 IN S.A NO.418/2024 OF THE HON'BLE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM ExhibitP4 TRUE COPY OF THE NOTICE DATED 28/03/2025 ISSUED BY THE SECOND RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT DATED 14/05/2025 ISSUED BY HDFC BANK, SHORANUR BRANCH RESPONDENT EXHIBITS

Exhibits R2[a] The true copy of the interim order dated 15.07.2024 in WPC No. 25325 of

Exhibits R2[b] The true copy of the Judgement of this Hon'ble Court in WPC 25325 of 2024 with connected case dated 23.01.2025 Exhibits R2[c] The account statement pertaining to the loan account of the petitioner PETITIONER EXHIBITS

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 16/06/2025 ISSUED BY THE FIRST RESPONDENT EVIDENCING THE PAYMENT OF RS.7,95,000/-

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16/06/2025 ISSUED BY THE PULAMANTHOLE SERVICE CO-OPERATIVE BANK LTD., PULAMANTHOLE EVIDENCING THE PAYMENT OF RS.10,00,020/-

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 16/06/2025 ISSUED BY THE URBAN CO-

OPERATIVE BANK LTD. NO.1758, PERINTHALMANNA EVIDENCING THE PAYMENT OF RS.20,00,000/-

WP(C) Nos. 16160 & 16182 OF 2025

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Exhibit P9 TRUE COPY OF THE REQUEST DATED 16/06/2025 SUBMITTED BY PETITIONER BEFORE THE GM/CHAIRMAN/CEO OF FIRST RESPONDENT