Prabhathasree vs The Special Sale Officer
2025 Latest Caselaw 6045 Ker

Kerala High Court

Prabhathasree vs The Special Sale Officer on 20 May, 2025

Author: K. Babu

Bench: K. Babu

                                                     2025:KER:34466

W.P.(C)No.10741 of 2025
                                     1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE K. BABU

   TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947

                          WP(C) NO. 10741 OF 2025

PETITIONER:

            PRABHATHASREE,
            AGED 53 YEARS,
            W/O SKANTHAVALSAN, MAMPULLI HOUSE,
            KURUMBAKAVU, PAZHUVIL P.O,
            THRISSUR DISTRICT, PIN - 680564


            BY ADVS.
            SRI.K.R.ARUN KRISHNAN
            SRI.E.VIJIN KARTHIK
            SMT.DEEPA K.RADHAKRISHNAN
            SRI.SANAL C.S
            SRI..VISHAK K.V.
            SMT.ANU T.H.
            SRI.RENJITH K.R.


RESPONDENTS:

     1      THE SPECIAL SALE OFFICER,
            CO-OPERATIVE INSPECTOR,
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL),
            THRISSUR DISTRICT,
            PIN - 680003

     2      ALAPPAD-PULLU SERVICE CO-OPERATIVE BANK LTD,
            NO.130, ALAPPAD P.O,
            THRISSUR,
            REPRESENTED BY ITS SECRETARY,
            PIN - 680641


            BY ADVS.
                                                               2025:KER:34466

W.P.(C)No.10741 of 2025
                                      2


             SRI.C.HARIKUMAR
             SMT.SANDRA SUNNY(K/926/2020)
             SRI.ARUN KUMAR M.A(K/1197/2021)
             SMT.FARAH JYOTHI PRADEEP(K/1240/2023)



      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME      UP   FOR
ADMISSION     ON    20.05.2025,      THE   COURT   ON   THE    SAME    DAY
DELIVERED THE FOLLOWING:
                                                                    2025:KER:34466

W.P.(C)No.10741 of 2025
                                        3




                                 K.BABU, J.
                   -------------------------------------------
                     W.P.(C) No.10741 of 2025
                ---------------------------------------------
               Dated this the 20th day of May, 2025
                                JUDGMENT

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

"I. Issue a writ of Mandamus or any appropriate Writ order or direction commanding the respondents 1 and 2 to permit the petitioners to liquidate the liability due towards the respondents as on today by way of equal monthly installments and till such time defer all coercive proceedings based on and pursuant to Ext. P3 in the interests of justice;

II. Issue a writ of Mandamus or any appropriate Writ order or direction commanding the respondents 1 and 2 to extent the benefit of Ext. P3 to the petitioners by way of equal monthly installments in order to have a settlement of liability towards them; III. Issue a writ of mandamus or any other appropriate writ, order or direction, against the 1st respondent to keep in abeyance all further proceedings based on and pursuant to Ext.P3;

IV.Issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P1 and P2; V. Issue any other order as the petitioners may seek and this Hon'ble Court deems fit to grant in the facts and circumstances of this case;

VI. Extent the benefit of Navakeraleeyam one time settlement scheme, 2025 to the petitioner in the interest of justice;

AND VII. Dispense with filing of the translation of vernacular documents produced along with the above Writ Petition. "

2025:KER:34466

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 Rs.28,58,178/-. The petitioner is prepared to remit the

amount in twenty equal monthly instalments.

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

of with the following directions:-

(i) The petitioner shall remit the total amount of

Rs.28,58,178/- (Rupees Twenty Eight Lakhs Fifty

Eight Thousand One Hundred and Seventy Eight

only) together with any accrued interest and

charges in twenty equal monthly instalments.

(ii) The first instalment shall be paid on or before

21.06.2025 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 petitioner as stated above.

(iv) In the event of default of any one instalment, 2025:KER:34466

the respondent Bank shall be entitled to proceed

in accordance with law.

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

entire amounts as stated above, all coercive

proceedings initiated against her shall be kept in

abeyance.

Sd/-

K.BABU JUDGE VPK 2025:KER:34466

APPENDIX OF WP(C) 10741/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF COMMUNICATION DATED 02/01/2025 OF THE 1ST RESPONDENT TO THE PETITIONER

ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 11/02/2025

Exhibit P3 A TRUE COPY OF SALE NOTICE UNDER SECTION 81(E) OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 DATED 11/02/2025

ISSUED UNDER RULE 74 OF KERALA CO- OPERATIVE SOCIETIES RULES DATED 04/03/2024

Exhibit P5 A TRUE COPY OF COMMUNICATION DATED 20/01/2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P6 A TRUE COPY OF THE CIRCULAR NO. 18/2024 ISSUED BY THE DEPARTMENT OF CO-OPERATIVE SOCIETIES