Kerala High Court

Lissy Thomas vs The Assistant Registrar Of ... on 8 July, 2025

Author: K. Babu

Bench: K. Babu

                                                      2025:KER:50217
W.P (C) No.7978 of 2025

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                      THE HONOURABLE MR.JUSTICE K. BABU

    TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947

                           WP(C) NO. 7978 OF 2025

PETITIONERS:

       1        LISSY THOMAS,
                AGED 68 YEARS,
                W/O. CHACKO THOMAS, MOOLETHAZHATHU HOUSE,
                KALLARA VILLAGE, KALLARA,
                VAIKOM TAHLK, KOTTAYAM, PIN - 686611

       2        CHACKO THOMAS,
                AGED 72 YEARS,
                S/O. CHACKO, MOOLETHAZHATHU HOUSE,
                KALLARA VILLAGE, KALLARA, P O VAIKOM TALUK,
                KOTTAYAM, PIN - 686611


                BY ADVS.
                SHRI.VARGHESE THOMAS
                SMT.DEVIKA R.




RESPONDENTS:

       1        THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
                OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
                SOCIETIES, VAIKOM,
                KOTTAYAM DISTRICT,
                PIN - 686141
                                                            2025:KER:50217
W.P (C) No.7978 of 2025

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       2        THE KALLARA VILLAGE SERVICE CO-OPERATIVE BANK
                LTD. NO.3123,
                PERUNTHURUTHU.P.O., KALLARA,
                KOTTAYAM DISTRICT,
                REPRESENTED BY ITS SECRETARY, PIN - 686611

       3        THE SPECIAL SALE OFFICER,
                KOTHAVARA GROUP,
                OFFICE OF THE ASSISTANT REGISTRAR, VAIKOM,
                VAIKOM, KOTTAYAM DISTRICT,
                PIN - 686141


                BY ADV
                SHRI.AKHIL VIJAY
                SMT.C.S.SHEEJA (SR.GP)


         THIS      WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON     08.07.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                                 2025:KER:50217
W.P (C) No.7978 of 2025

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                                   K.BABU, J.
                    --------------------------------------
                            W.P (C) No.7978 of 2025
                   ---------------------------------------
                       Dated this the 8th day of July, 2025

                                     JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:

"i. Call for the records leading to Exhibit P1 and Ext.P2 awards and also Ext.P3 to Ext.P6 sale notices and quash the same by issuing a writ of certiorari. ii. Issue appropriate writ, order or direction, commanding the 1st respondent to reconsider Exts.P1 and Ext.P2 awards and pass a fresh awards after considering the contentions of petitioners. iii. Issue appropriate writ or direction restraining all coercive proceedings against the petitioner and the properties including the alienation/sale of the property, which the subject matter of Ext.P1 to Ext.P6 documents.

iv. The petitioners may be permitted to dispense with the filing of translation of the vernacular document. v. Grant such other reliefs which this Honourable court deems just and fit in the circumstance of the case."

2. Heard both sides.

3. Upon instructions, the learned Standing Counsel for the

respondent Bank submitted that the total amount due to the Bank is 2025:KER:50217

Rs.91,64,930/-. The petitioners are prepared to remit the amount in

twenty five equal monthly instalments.

4. In the above circumstances, the Writ Petition is disposed of

with the following directions:

(i) The petitioners shall remit the total amount of

Rs.91,64,930/- (Rupees Ninety One Lakh Sixty

Four Thousand Nine Hundred and Thirty only)

together with any accrued interest and

charges in twenty five equal monthly

instalments.

(ii) The first instalment shall be paid on 01.09.2025

and the subsequent instalments shall be paid

on or before the last working day of every

succeeding month.

(iii) The respondent bank shall accept the loan

amount from the petitioners as stated above.

(iv) In the event of default of any one instalment, 2025:KER:50217

the respondent Bank shall be entitled to

proceed in accordance with law.

(v) In order to enable the petitioners to repay the

entire amount as stated above, all coercive

proceedings initiated against them shall be

kept in abeyance.

Sd/-

K.BABU, JUDGE KAS 2025:KER:50217

APPENDIX OF WP(C) 7978/2025

PETITIONER EXHIBITS

Exhibit - P1 THE COPY OF THE AWARD IN ARC NO. 1149 OF 2019 DATED 12.02.2020 IN RELATION TO THE LOAN AVAILED BY THE 1ST PETITIONER Exhibit - P2 THE COPY OF THE AWARD IN ARC NO. 1150 OF 2019 DATED 12.02.2020 IN RELATION TO THE LOAN AVAILED BY THE 2ND PETITIONER Exhibit - P3 THE COPY OF THE NOTICE DATED 21.01.2025 IN EP NO. 1379 OF 2022 IN ARC NO. 1149 OF 2019 Exhibit - P4 THE COPY OF THE NOTICE DATED 21.01.2025 ISSUED BY THE 3RD RESPONDENT IN EP NO. 1380 OF 2022 ARC NO. 1150 OF 2019 Exhibit - P5 THE COPY OF THE NOTICE, DATED NIL, IN EP NO. 1379 OF 2022 IN ARC NO. 1149 OF

Exhibit - P6 THE COPY OF THE NOTICE, DATED NIL, ISSUED BY THE 3RD RESPONDENT IN EP NO. 1380 OF 2022 ARC NO. 1150 OF 2019