Kerala High Court
Jacob Chacko vs The Joint Registrar (Co-Operation) €“ ... on 20 May, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:34603
W.P (C) No.11100 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. 11100 OF 2025
PETITIONER:
JACOB CHACKO,
AGED 63 YEARS,
S/O. CHACKO, CHIRAPURATH HOUSE,
KURIYANNOOR P.O.,
THOTTAPUZHASSERI,
PATHANAMTHITTA, PIN - 689550
BY ADVS.
M.RETHEESHKUMAR
MUHAMED JUNAID V.
RESPONDENTS:
1 THE JOINT REGISTRAR (CO-OPERATION) -
PATHANAMTHITTA
THIRD FLOOR, MINI CIVIL STATION,
KOZHENCHERRY, SH7,
PATHANAMTHITTA, PIN - 689645
2 THE ASSISTANT REGISTRAR (CO-OPERATION) -
THIRUVALLA, .
OFFICE OF THE ASSISTANT REGISTRAR, FOURTH FLOOR,
REVENUE TOWER, REVENU TOWER RD, THIRUVALLA,
PIN - 689101
2025:KER:34603
W.P (C) No.11100 of 2025
2
3 THE SPECIAL SALE OFFICER,
THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD NO. A159,
OFFICE OF THE ASSISTANT REGISTRAR, FOURTH FLOOR,
REVENUE TOWER, REVENUE TOWER RD,
THIRUVALLA, PIN - 689101
4 THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD
NO. A159, NEAR NSS BUILDING, KACHERIPADY,
THIRUVALLA,
REPRESENTED BY ITS SECRETARY.,
PIN - 689101
BY ADV T.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:34603
W.P (C) No.11100 of 2025
3
K.BABU, J.
--------------------------------------
W.P (C) No.11100 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. Declare that the awards in recovery proceedings
against the Petitioner by the Respondents without
serving summons and without giving 30 days time to
file written statement against is in violation Section
16, 19, 20 and 40 of Card Bank Act, 1984 and also in
violation of Order 5 Rule 1, Order 5 Rule 1(3) and
Order 5 Rule 5(2) of the Code of Civil Procedure 1908
and hence are illegal and not bind on the petitioner
and his assets; and
ii. Declare that the Exhibit P3 sale notice is without
even fixing a fair and accurate value of that property
and hence the sale is liable to be set aside; and
iii. issue a writ of Mandamus or any other appropriate
writ or order quashing Exhibit P3 sale notice by the
3rd Respondent to the petitioner ; and
iv. dispense with the filing of English translation of
vernacular documents, in the interest of justice ;
v. issue such other appropriate writ or order which
deemed just and necessary on the facts and
circumstances of the case."
2. Heard both sides.
2025:KER:34603
3. Upon instructions, the learned Standing Counsel for the
respondent Bank submitted that the total amount due to the Bank,
as on today, is Rs.10,72,123/-. 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.10,72,123/- (Rupees Ten Lakh Seventy two
Thousand One Hundred and Twenty three only)
together with any accrued interest and
charges in twenty equal monthly instalments.
(ii) The first instalment shall be paid on or before
23.06.2025 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.
2025:KER:34603
(iv) In the event of default of any one instalment,
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 him shall be kept
in abeyance.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:34603
APPENDIX OF WP(C) 11100/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED BY THE MEDICAL BOARD, GENERAL
HOSPITAL, PATHANAMTHITTA DATED
30.03.2021
Exhibit P2 TRUE COPY OF THE NOTICE DATED
11.07.2024 ISSUE BY THE 3RD RESPONDENT
TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE SALE NOTICE ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER
DATED 19.02.2025
