Kerala High Court
Raju M.R vs The Kattooor Service Co-Operative Bank ... on 22 May, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:35088
W.P (C) No.12404 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(C) NO. 12404 OF 2025
PETITIONERS:
1 RAJU M.R.,
AGED 55 YEARS,
S/O.RAGHAVAN MOOTHERY HOUSE, P.O. PAZHUVIL,
THRISSUR DISTRICT, PIN - 680564
2 REMA RAJU,
AGED 52 YEARS,
W/O.RAJU MOOTHERY HOUSE, P.O. PAZHUVIL,
THRISSUR DISTRICT., PIN - 680564
BY ADVS.
ARJUN RAGHAVAN
POOJA PANKAJ
RESPONDENTS:
1 THE KATTOOOR SERVICE CO-OPERATIVE BANK LTD.
NO.426
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
P.O. KATTOOR, THRISSUR DISTRICT-, PIN - 680702
2 THE SECRETARY,
KATTOOOR SERVICE CO-OPERATIVE BANK LTD. NO.426,
HEAD OFFICE, P.O. KATTOOR,
THRISSUR DISTRICT., PIN - 680702
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W.P (C) No.12404 of 2025
2
3 THE BOARD OF DIRECTORS OF THE KATTOOOR SERVICE
CO-OPERATIVE BANK LTD, NO.426
REPRESENTED BY ITS PRESIDENT, HEAD OFFICE,
P.O. KATTOOR, THRISSUR DISTRICT, PIN - 680702
4 THE SPECIAL SALE OFFICER
KATTOOR SCB GROUP, OFFICE OF THE ASSISTANT
REGISTRAR (GENERAL), MUKUNDAPURAM,
THRISSUR DISTRICT., PIN - 680733
5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR,
(CHAIRMAN OF THE DISTRICT COMMITTEE,
NAVAKERALIYAM KUDISHIKA NIVARANA SCHEME, 2025),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), THRISSUR,
THRISSUR DISTRICT, PIN - 680001
6 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV
SRI.C.A JOJO
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (C) No.12404 of 2025
3
K.BABU, J.
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W.P (C) No.12404 of 2025
---------------------------------------
Dated this the 22nd day of May, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"i. To issue a writ of certiorari calling for the records
leading to the issuance of Exhibit-P4 and quash the
same;
ii. To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 5 th
respondent to consider Exhibit-P7 representation
submitted by the petitioners under Exhibit-P5
Circular and permit them to close the loan account,
by extending with all the benefits under Exhibit-P5
Circular;
in the alternate
iii. To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1st
respondent to permit the petitioners to repay the
entire loan liability in 25 monthly installments;
and
iv. To grant such other reliefs as this Honourable Court
may deem fit in the circumstances of this case."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the
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respondent Bank submitted that the total amount due to the Bank,
as on today, is Rs.23,36,709/-. The petitioners are prepared to remit
the amount in twenty four 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.23,36,709/- (Rupees Twenty Three Lakh
Thirty Six Thousand Seven Hundred and Nine
only) together with any accrued interest and
charges in twenty four 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 petitioners as stated above.
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(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 petitioners to repay the
entire amounts as stated above, all coercive
proceedings initiated against them shall be
kept in abeyance.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:35088
APPENDIX OF WP(C) 12404/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE REPRESENTATION DATED
12-02-2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), MUKUNDAPURAM
Exhibit-P2 A TRUE COPY OF THE COMMUNICATION DATED
12-02-2024 ISSUED BY THE 1ST RESPONDENT
SOCIETY
Exhibit-P3 A TRUE COPY OF THE COVERING LETTER
DATED 29-02-2024 ISSUED BY THE
ASSISTANT REGISTRAR (GENERAL),
MUKUNDAPURAM
Exhibit-P4 A TRUE COPY OF THE DEMAND NOTICE DATED
10-01-2025 ISSUED BY THE 4TH RESPONDENT
Exhibit-P5 RELEVANT PAGES OF THE CIRCULAR
NO.01/2025 DATED 01-01-2025, ISSUED BY
THE 6TH RESPONDENT
Exhibit-P6 A TRUE COPY OF THE ORDER DATED 02-01-
2025 ISSUED BY THE 6TH RESPONDENT
Exhibit-P7 A TRUE COPY OF THE REPRESENTATION DATED
10-03-2025 SUBMITTED BY THE PETITIONERS
BEFORE THE 5TH RESPONDENT
Exhibit-P8 A TRUE COPY OF THE REPRESENTATION DATED
10-03-2025 SUBMITTED BY THE PETITIONERS
BEFORE THE ASSISTANT REGISTRAR
(GENERAL), MUKUNDAPURAM
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Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED
10-03-2025 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND AND 3RD RESPONDENT
Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED
26-12-2023 IN WP(C) NO.43980 OF 2023
Exhibit P11 A TRUE COPY OF THE JUDGEMENT DATED 27-
01-2025 IN WP(C) NO.2757 OF 2025
