Kerala High Court
Jitha Prasad vs Assistant Registrar (General) on 8 September, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:66608
W.P.(C)No.3828 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 3828 OF 2024
PETITIONER:
JITHA PRASAD,
AGED 66 YEARS,
D/O.BALARAMAN, KUNNATH HOUSE, P.O.CHAZHOOR,
THRISSUR DISTRICT, PIN - 680571
BY ADV
SMT.K.NANDINI
RESPONDENTS:
1 ASSISTANT REGISTRAR (GENERAL),
OFFICE OF THE CO-OPERATIVE SOCIETIES, SAHAKARANA
BHAVAN, AYYANTHOLE, THIRUVANANTHAPURAM,
PIN - 680003
2 PAZHOOR SERVICE CO-OPERATIVE BANK (NO.106),
PAZHOOR P.O., THRISSUR DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 680571
3 SPECIAL SALE OFFICER/ARBITRATOR,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN,
AYYANTHOLE, THIRUVANANTHAPURAM, PIN - 680003
BY ADV
SHRI.M.SASINDRAN
SRI.V.K.SUNIL, SR GP
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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W.P.(C)No.3828 of 2024
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K.BABU, J.
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W.P.(C) No.3828 of 2024
---------------------------------------------
Dated this the 8th day of September, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:-
"1.Issue a writ of Certiorari or any other appropriate writ,
order or direction, may be pleased to keep in abeyance
the entire recovery proceedings pertaining to Ext.P1 loan
availed by the petitioner from the 2 nd respondent Bank,
till the final disposal of this W.P.(C);
2. Issue a writ of Mandamus or any other appropriate
writ, order or direction, directing the respondents to
regularise the Ext.P1 loan, and permit the petitioner to
make monthly payments;
3. Issue a writ of Mandamus or any other appropriate
writ, order or direction, directing the respondent to not
to take physical possession of the property of the
petitioner;
4. Grant such other Relief.
5. The petitioner may be permitted to dispense with the
filing of translation of vernacular documents."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for
the respondent Bank submitted that the total amount due to
the Bank as on 21.08.2025 is Rs.11,82,323/-. The petitioner
is prepared to remit the amount in twenty four equal
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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.11,82,323/- (Rupees Eleven Lakhs
Eighty Two Thousand Three Hundred and
Twenty Three only) together with any accrued
interest and charges in twenty four equal
monthly instalments.
(ii) The first instalment shall be paid on or
before 08.10.2025 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, the respondent Bank shall be
entitled to proceed in accordance with law.
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(v) In order to enable the petitioner to repay
the entire amount as stated above, all
coercive proceedings initiated against her
shall be kept in abeyance.
Sd/-
K.BABU
JUDGE
VPK
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APPENDIX OF WP(C) 3828/2024
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE NOTICE DATED 17/2/2022,
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit-P2 TRUE COPY OF THE REPRESENTATION FROM
PETITIONER TO THE HON'BLE CHIEF MINISTER
OF KERALA, DTD. 27/10/2023.
Exhibit-P3 TRUE COPY OF THE REPRESENTATION DTD.
27/10/2023 FROM PETITIONER TO THE
MINISTER OF THE STATE FOR CO-OPERATION
AND REGISTRATION.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION FROM
PETITIONER AND HER YOUNGER BROTHER TO
THE MINISTER OF THE STATE FOR THE CO-
OPERATION AND REGISTRATION, DTD.
30/10/2023.
Exhibit- P5 TRUE COPY OF THE COMMUNICATION FROM THE
3RD RESPONDENT TO THE PETITIONER, DTD.
10/11/2023.
Exhibit- P6 TRUE COPY OF THE REPLY TO EXT.P5, DTD.
15/11/2023.
Exhibit- P7 TRUE COPY OF THE COMMUNICATION FROM 1ST
RESPONDENT TO THE PETITIONER DATED
15/11/2023.
