Kerala High Court
Ali V.K vs Venkitangu Farmers Co-Operative Bank ... on 29 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:56207
W.P.(C)No.27457 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 27457 OF 2025
PETITIONER:
ALI V.K.,
AGED 60 YEARS,
S/O LATE KUNJIMON , VALIYAKATHU VEETIL,
THRISSUR DISTRICT, VENGIDENGU P.O,
PIN - 680510
BY ADVS.
SHRI.REBIN VINCENT GRALAN
SMT.LIZBA VINCENT GRALAN
RESPONDENTS:
1 VENKITANGU FARMERS CO-OPERATIVE BANK LTD.,
REP BY ITS SECRETARY, VENKITANGU, THRISSUR
DISTRICT, PIN - 680510
2 SPECIAL SALE OFFICER,
ASSISTANT REGISTRAR (GENERAL) COOPERATIVE
SOCIETIES OFFICE, FRIENDSHIP NAGAR, CHAVAKKAD,
THRISSUR DISTRICT,, PIN - 680506
BY ADV.
ARUN ASHOK IYYANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.27457 of 2025
2
K.BABU, J.
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W.P.(C) No.27457 of 2025
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Dated this the 29th day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of
the Constitution of India are as follows:-
"i. Issue a writ in the nature of Mandamus or any other
writ, direction or order directing the Respondents No.1
and 2 to not to proceed further upon perusing Exhibit P6,
P7 and P8 Notices till consideration the request for
Instalment facility before Respondent No. 1 and 2; ii.
Issue a writ in the nature of mandamus or any other writ,
direction or order directing the Respondents No.1 and 2
to consider the request made by the petitioner for
allowing installments to pay loan due amount arrears
and regularise the loan in a speedy manner; and
iii. To grant such other relief as this Court may deem fit
and necessary under the facts and circumstances of the
case; "
2. Heard both sides.
3. The learned Standing Counsel for the respondent
Bank, upon instructions, submits that the Bank is agreeable
to permit the petitioner to remit the overdue amount in
twenty equal monthly instalments.
4. In the above circumstances, the Writ Petition is
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disposed of with the following directions:-
(i) Respondent Bank is directed to regularize
the loan account by accepting repayment of
the entire overdue amount of Rs.15,98,848/-
(Rupees Fifteen Lakhs Ninety Eight Thousand
Eight Hundred and Forty Eighty only) along
with Bank charges from the petitioner.
(ii) The petitioner shall remit the overdue
amount of Rs.15,98,848/- together with any
accrued interest and charges in twenty equal
monthly instalments.
(iii) The first instalment shall be paid on or
before 01.09.2025 and the subsequent
instalments shall be paid on or before the last
working day of every succeeding month.
(iv) The petitioner shall continue to pay the
regular EMIs in terms of the contract.
(v) In the event of default of any one
instalment, the respondent Bank is entitled to
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proceed in accordance with law.
(vi) The coercive proceedings initiated against
the petitioner shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU
JUDGE
VPK
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APPENDIX OF WP(C) 27457/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER BEARING NO. 4017 4833 5043
DT. NIL
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER BY THE
VENKITANGU VILLAGE OFFICE DT.
15.10.2024
Exhibit P3 A TRUE COPY OF THE IN-PATIENT INTERIM
BILL SETTLEMENT OF PETITIONER'S WIFE
VAHIDA IN REGIONAL CANCER CENTRE
(RCC), THIRUVANATHAPURAM DT.
11.05.2018
Exhibit P4 A TRUE COPY OF THE DEATH CERTIFICATE
OF PETITIONER'S WIFE VAHIDA ISSUED BY
MUNICIPAL CORPORATION,
THIRUVANATHAPURAM DT. 18.05.2018
Exhibit P5 A TRUE COPY OF THE PETITIONER'S
MEDICAL INVESTIGATIONS BILL FROM
SUDHARMA SIYA HI-TECH MEDICAL
LABORATORY, VENKITANGU DT. 11.04.2025
Exhibit P6 KERALA COOPERATIVE SOCIETIES ACT, 1969
RULE 81 (B) & (C ) REGARDING
ATTACHMENT AND AUCTION OF HIS
PROPERTY. A TRUE COPY OF THE NOTICE
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER REGARDING ATTACHMENT AND
AUCTION DT. 06.05.2024
Exhibit P7 A TRUE COPY OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
REGARDING ATTACHMENT AND AUCTION DT.
06.05.2024 DT.18.12.2024
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Exhibit P8
A TRUE COPY OF THE INVITATION ISSUED
BY THE 1ST RESPONDENT FOR ONE TIME
SETTLEMENT OF THE LOAN AMOUNT UNDER
'NAVAKERALIYAM KUDISHIKA NIVARANAM
OTTATHAVANA THEERPAKKAL PATHADI
SAHAKARANA ADHALATH' DT 15.01.2025
