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Kerala High Court
Bini P V vs The Authorised Officer, The Kerala ... on 9 February, 2026
2026:KER:11383
WP(C) NO. 11946 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 11946 OF 2025
PETITIONER/S:
BINI P V, AGED 42 YEARS
, KADAVATH HOUSE, PATHIYARKULANGARA PO,
OORAKAM DESAM, ANNAKARA VILLAGE, CHAVAKKAD
TALUK, THRISSUR DISTRICT, PIN - 680552
BY ADVS.
SMT.SHYNI DAS J.S.
SRI.RINU. S. ASWAN
SHRI.KARTHIK RAJAGOPAL
SMT.GOPIKA H.H
RESPONDENT/S:
1 THE AUTHORISED OFFICER,
THE KERALA STATE CO-OPERATIVE BANK LTD
SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD,
KOVILAKATHUMPADAM,THIRUVAMBADY P.O,
THRISSUR, PIN - 680022
2 BRANCH MANAGER, THE KERALA STATE COOPERATIVE
BANK LTD
PARAPPUR BRANCH, THRISSUR DISTRICT, PIN - 680552
3 THE VILLAGE OFFICER, ANNAKKARA VILLAGE OFFICE
CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 679553
4 THE DEPUTY TAHSILDAR (RR),
CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680506
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WP(C) NO. 11946 OF 2025 2
5 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
AYYANTHOLE, THRISSUR, PIN - 680003
6 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE JOINT REGISTRAR OF THE CO-
OPERATIVE SOCIETIES, HAVING ITS OFFICE AT
AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003
7 REGISTRAR OF THE CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD, THIRUVANANTHAPURAM DISTRICT,
PIN - 695014
ADDL.R8 KERALA STATE CO-OPERATIVE BANK LTD., (KERALA
BANK) (HEAD OFFICE)
COBANK TOWERS, P.B. NO.6515, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM DISTRICT-695033
KERALA REPRESENTED BY CHIEF EXECUTIVE OFFICER
IS IMPLEADED AS ADDITIONAL R8 AS PER THE ORDER
DATED 20/08/2025 IN IA NO 1/2025 IN
WP(C)11946/2025
BY ADV SHRI.K.S.ARUN KUMAR
SMT. SILPA N.P (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 11946 OF 2025 3
JUDGMENT
Petitioner availed three loans, namely an ordinary
loan, a covid suraksha loan and a housing loan from the
additional 8th respondent bank. This writ petition has been
filed challenging the recovery proceedings initiated by the
additional 8th respondent bank to recover amounts due under
credit facilities availed by the petitioner from the respondent
bank.
2. When this matter is taken up for consideration
today, petitioner has confined the relief to an opportunity for
repaying the liability in instalments.
3. Learned counsel appearing for the respondent bank
submits that, in respect of the housing loan availed by the
petitioner, the accounts cannot be regularised as the term of
the loan itself has expired. It is submitted that the entire dues
in respect of that loan has to be paid. It is submitted that, in
respect of the housing loan, the outstanding amount, as on
03.02.2026, would come to Rs.3,62,748/- (Rupees Three lakhs
sixty two thousand seven hundred and forty eight only). It is
also submitted that in respect of the ordinary loan and covid
suraksha loan, the overdue amount, as on 03.02.2026, is
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Rs.3,78,633/- (Rupees Three lakhs seventy eight thousand six
hundred and thirty three only) and the petitioner can be
allowed to regularise the said loans by paying the overdue
amounts.
4. Having regard to the circumstances of the case and
the submissions made as recorded above, I am of the view that
the petitioner can be granted an opportunity to repay the total
overdue amount of Rs.3,78,633/- (Rupees Three lakhs seventy
eight thousand six hundred and thirty three only) (in respect of
the covid suraksha loan and ordinary loan) in 18 instalments
and if the amount so directed is repaid within the time as
directed above, to have the said loan accounts regularised and
the petitioner can also be granted an opportunity to repay the
outstanding amount of Rs.3,62,748/- (Rupees Three lakhs sixty
two thousand seven hundred and forty eight only) in respect of
the housing loan in eighteen equal monthly instalments.
5. Accordingly, there will be a direction to the
respondent Bank to accept repayment of the overdue amount
of Rs.3,78,633/- (Rupees Three lakhs seventy eight thousand
six hundred and thirty three only) in respect of the covid
suraksha loan and ordinary loan) along with any accrued
interest, costs and charges from the petitioner and regularise
2026:KER:11383
the same and to accept repayment of the outstanding amount
of Rs.3,62,748/- (Rupees Three lakhs sixty two thousand seven
hundred and forty eight only) in respect of the housing loan
along with any accrued interest, costs and charges from the
petitioner in the following manner:-
1. The petitioner shall pay the total overdue amount in
respect of the covid suraksha loan and ordinary loan of
Rs.3,78,633/- (Rupees Three lakhs seventy eight
thousand six hundred and thirty three only) along with
any accrued interest, costs and charges in 18 equated
monthly instalments. The first instalment shall be paid
on or before 09.03.2026 and the subsequent
instalments shall be paid on or before the 09th day of
every succeeding month. The petitioner shall continue
to pay the regular EMI's along with the instalments
directed above;
2. The petitioner shall pay the outstanding amount [in
respect of the housing loan] of Rs.3,62,748/- (Rupees
Three lakhs sixty two thousand seven hundred and
forty eight only) along with any accrued interest, costs
and charges in 18 equal monthly instalments. The first
instalment shall be paid on or before 09.03.2026 and
the subsequent instalments shall be paid on or before
the last working day of every succeeding months;
3. In the event of default of any one instalment, the
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respondent Bank shall be entitled to proceed in
accordance with the law;
4. In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:11383
APPENDIX OF WP(C) NO. 11946 OF 2025
PETITIONER EXHIBITS
Exhibit p1 A TRUE COPY OF THE NOTICES ISSUED BY
THE 1ST RESPONDENT DATED 18.01.2025
Exhibit p2 A TRUE COPY OF THE DEMAND NOTICES
ISSUED BY THE 4TH RESPONDENT DATED
01.01.25
Exhibit p3 THE TRUE COPY OF SCREENSHOTS OF REVENUE
RECOVERY PROCEEDINGS PUBLISHED IN THE
WEBSITE OF REVENUE RECOVERY PORTAL
DATED NIL
