Kerala High Court
Manjusha Rajesh vs The Branch Manager, Canara Bank on 8 September, 2025
2025:KER:66410
WP(C) NO.32644 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 32644 OF 2025
PETITIONER/S:
1 MANJUSHA RAJESH,
AGED 46 YEARS
W/O. RAJESH O.N., OLOPPILLY HOUSE, KALADY.P.O.,
KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN - 683574
2 RAJESH O.N.,
AGED 52 YEARS
S/O. NARAYANAN, OLOPPILLY HOUSE, KALADY P.O,
KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN - 693574
BY ADVS.
SMT.MINI.V.A.
SMT.VANDANA C. MOHAN
RESPONDENT/S:
1 THE BRANCH MANAGER, CANARA BANK,
KALADY BRANCH, SHOP H TO M, NEAR STEEL HOUSE, M.C
ROAD, KALADY, PIN - 683574
2 THE AUTHORIZED OFFICER,
CANARA BANK, RECOVERY SECTION, REGIONAL OFFICE,
ERNAKULAM, 3RD FLOOR, METRO STATION COMPLEX, M.G
ROAD, ERNAKULAM, PIN - 682035
SRI. M.GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.32644 OF 2025
2
JUDGMENT
The writ petition is filed with the following prayers;
" i. call for the records leading to the issuance of Ext-P13 and
set aside the same by issuing a writ of certiorari;
ii issue a writ of mandamus or any other writ, order or
direction directing the respondents to permit the petitioner to
pay the interest in 12 Equated Monthly Installments (EMIs)
and regularize the loan account;
iii. such other reliefs which are deemed fit and proper on the
facts and circumstances of the case. and
iv. to dispense with the production of English Translation of
Malayalam documents.
2. The learned standing counsel appearing for the respondent Bank
submits that the arrears payable by the petitioners come to Rs.93,91,990/-
(Rupees ninety three lakhs ninety one thousand nine hundred and ninety
only). The petitioners' contention is on the interest chargeable by the
Bank on the Agricultural loans. All these are contentions which the
petitioners can raise in a proceeding under Section 17 of the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act (for short, 'the SARFAESI Act'). Without prejudice to
the contentions raised in this writ petition, the writ petition is closed.
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WP(C) NO.32644 OF 2025
3. To enable the petitioners to avail of the statutory remedy as
aforesaid, further proceedings against the petitioners will stand deferred
for a period of two weeks from today.
The writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.32644 OF 2025
APPENDIX OF WP(C) 32644/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED BY THE 1ST PETITIONER IN STAMP
PAPER BEARING NO. CW663965 AND CW663966
WORTH RS.100/- EACH ON 30-03-2021 WITH
SRI. SAKARACHARYA SWAMIKAL
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 05-05-2020 ISSUED FROM THE
VILLAGE OFFICE, KALADY WITH RESPECT TO
THE PROPERTY HAVING AN EXTEND OF 4.39
ARES COMPRISED IN SY.NO.379/1, 4.98
ARES IN SY.NO.379/2, 2.80 ARES IN
SY.NO.379/3, 2.65 ARES IN SY.NO.379/4,
5.80 ARES IN SY.NO.379/5, 8.85 ARES IN
SY.NO.379/6, 2.10 ARES IN SY.NO.379/7,
9.10 ARES IN SY.NO.379/8, 9.65 ARES IN
Exhibit P3 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 05-05-2020 ISSUED FROM THE
VILLAGE OFFICE, KALADY WITH RESPECT TO
THE PROPERTY HAVING AN EXTEND OF 5.60
ARES IN SY.NO.376/8, 4.95 ARES IN
SY.NO.376/9, 5.50 ARES IN SY.NO.376/10,
7.45 ARES IN SY.NO.376/11, 8.30 ARES IN
SY.NO.376/12, 11.25 ARES IN
SY.NO.376/13, 6.48 ARES IN SY.NO.376/14
Exhibit P4 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED BY THE 1ST PETITIONER IN STAMP
PAPER BEARING NO. CW663967 AND CW663968
WORTH RS.100/- EACH ON 30-03-2021 WITH
SRI. SAKARACHARYA SWAMIKAL
Exhibit P5 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 05-05-2020 ISSUED FROM THE
VILLAGE OFFICE, KALADY WITH RESPECT TO
THE PROPERTY HAVING AN EXTEND OF 22
ARES IN SY.NO.376/16, 52 ARES IN SY.
NO. 376/17, 9.45 ARES IN SY. NO. 376/6,
2.43 ARES IN SY. NO.379/20, 21 ARES IN
SY. NO.379/17 AND 23.60 ARES IN
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WP(C) NO.32644 OF 2025
Exhibit P6 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED BY THE 2ND PETITIONER IN STAMP
PAPER BEARING NO. CW663961AND CW663962
WORTH RS.100/- EACH ON 30-03-2021 WITH
SRI. SAKARACHARYA SWAMIKAL
Exhibit P7 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 05-05-2020 ISSUED FROM THE
VILLAGE OFFICE, KALADY WITH RESPECT TO
THE PROPERTY HAVING AN EXTENT OF 13.20
ARES COMPRISED IN SY.NO.376/7 AND 10.65
ARES AND 8.10 ARES IN SY.NO.378/7/8
Exhibit P8 TRUE COPY OF THE LEASE AGREEMENT
EXECUTED BY THE 2ND PETITIONER IN STAMP
PAPER BEARING NO. CW663963 AND CW663964
WORTH RS.100/- EACH ON 30-03-2021 WITH
SRI. NARAYANAN
Exhibit P9 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 25-05-2020 ISSUED FROM THE
VILLAGE OFFICE, MALAYATTOOR WITH
RESPECT TO THE PROPERTY HAVING AN
EXTENT OF 74.30 ARES IN SY.NO.233/4 AND
Exhibit P10 TRUE COPY OF THE LEASE AGREEMENT IN
STAMP PAPER BEARING NO. CB390207,
CB390208, CB390209 AND CB390210 WORTH
RS.50/- EACH ON 30-03-2021 WITH SRI.
SANWAR T.S. AND SAJIV T.S
Exhibit P11 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 30-04-2020 ISSUED FROM THE
VILLAGE OFFICE, MALAYATTOOR WITH
RESPECT TO THE PROPERTY HAVING AN
EXTENT OF 36 ARES COMPRISED IN
Exhibit P12 TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED 30-04-2020 ISSUED FROM THE
VILLAGE OFFICE, MALAYATTOOR WITH
RESPECT TO THE PROPERTY HAVING AN
EXTENT OF 36 ARES COMPRISED IN
Exhibit P13 TRUE COPY OF THE NOTICE DATED 13-08-
2025 ISSUED TO THE PETITIONERS
U/S.13(4) OF SARFAESI ACT
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WP(C) NO.32644 OF 2025
Exhibit P14 THE STATEMENT OF ACCOUNT IN A/C. NO.
2921840000339 DATED 16-08-2025 OF THE
1ST PETITIONER ISSUED BY THE 1ST
RESPONDENT
Exhibit P15 THE STATEMENT OF ACCOUNT IN A/C.NO.
2921840000338 DATED 16-08-2025 OF THE
2ND PETITIONER ISSUED BY THE 1ST
RESPONDENT
