[Cites 2, Cited by 0]
Kerala High Court
Joby Joseph @ Jinu Joseph vs Kaduthuruthy Agricultural Service ... on 19 January, 2026
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 42403 OF 2025
PETITIONER/S:
JOBY JOSEPH @ JINU JOSEPH,
AGED 46 YEARS
S/O.JOSEPH, RESIDING AT VATTAKKERIL, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM., PIN - 686604
BY ADVS.
SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
SMT.DHANUJA M.S
RESPONDENT/S:
1 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE,BANK
LTD.NO.1233,
MANNAR, POOZHIKOL P.O., KADUTHURUTHY,
REPRESENTED BY THE SECRETARY., PIN - 686604
2 THE SPECIAL SALE OFFICER,
1233 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE
BANK GROUP, VAIKOM CO-OPERATIVE SOCIETY, OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL) VAIKOM, KOTTAYAM
DISTRICT., PIN - 686141
3 BIJU P.C.
RESIDING AT PAZHUKKATHARA, MANNAR, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM., PIN - 686604
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SMT.K.N.ABHA
SRI.A.G.PRASANTH
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -2-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2025, ALONG WITH WP(C).42410/2025, 42411/2025 AND CONNECTED
CASES, THE COURT ON 19-01-2026 DELIVERED THE FOLLOWING:
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 42410 OF 2025
PETITIONER/S:
JOBY JOSEPH @ JINU JOSEPH,
AGED 46 YEARS
S/O.JOSEPH, RESIDING AT VATTAKKERIL, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM., PIN - 686604
BY ADVS.
SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
SMT.DHANUJA M.S
RESPONDENT/S:
1 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE,BANK
LTD.NO.1233,
MANNAR, POOZHIKOL P.O., KADUTHURUTHY REPRESENTED BY THE
SECRETARY., PIN - 686604
2 THE SPECIAL SALE OFFICER,
1233 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE
BANK GROUP, VAIKOM CO-OPERATIVE SOCIETY, OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL)., PIN - 686604
3 SHERLY JOBY ,
W/O.JOBY RESIDING AT VATTAKKERIL, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM, PIN - 686604
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SMT.K.N.ABHA
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -4-
SRI.A.G.PRASANTH
SMT.ALEENA SEBASTIAN
SMT.VARSHA SAHAJAN
SMT.MARY HEDWIG BABY
SMT.FATHIMA HASHIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2025, ALONG WITH WP(C).42403/2025 AND CONNECTED CASES, THE
COURT ON 19.01.2026 DELIVERED THE FOLLOWING:
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 42411 OF 2025
PETITIONER/S:
JOBY JOSEPH @ JINU JOSEPH,
AGED 46 YEARS
S/O.JOSEPH, RESIDING AT VATTAKKERIL, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM, PIN - 686604
BY ADVS.
SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
SMT.DHANUJA M.S
RESPONDENT/S:
1 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE BANK
LTD.NO.1233,
MANNAR, POOZHIKOL P.O., KADUTHURUTHY REPRESENTED BY THE
SECRETARY., PIN - 686604
2 THE SPECIAL SALE OFFICER,
1233 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE
BANK GROUP, VAIKOM CO-OPERATIVE SOCIETY, OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL)., PIN - 686604
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SMT.K.N.ABHA
SRI.A.G.PRASANTH
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -6-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2025, ALONG WITH WP(C).42403/2025 AND CONNECTED CASES, THE
COURT ON 19.01.2026 DELIVERED THE FOLLOWING:
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 42427 OF 2025
PETITIONER/S:
JOBY JOSEPH @ JINU JOSEPH,
AGED 46 YEARS
S/O.JOSEPH, RESIDING AT VATTAKKERIL, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM, PIN - 686604
BY ADVS.
SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
SMT.DHANUJA M.S
RESPONDENT/S:
1 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE BANK
LTD.NO.1233,
MANNAR, POOZHIKOL P.O. KADUTHURUTHY, REPRESENTED BY THE
SECRETARY., PIN - 686604
2 THE SPECIAL SALE OFFICER,
1233 KADUTHURUTHY AGRICULTURAL SERVICE CO-OPERATIVE
BANK GROUP, VAIKOM CO-OPERATIVE SOCIETY, OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL) VAIKOM, KOTTAYAM
DISTRICT., PIN - 686141
3 ANCY JOSEPH,
RESIDING AT VATTAKKERIL, POOZHIKOL P.O., KADUTHURUTHY,
KOTTAYAM,, PIN - 686604
BY ADVS.
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -8-
SMT.K.N.ABHA
SRI.A.G.PRASANTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2025, ALONG WITH WP(C).42403/2025 AND CONNECTED CASES, THE
COURT ON 19.01.2026 DELIVERED THE FOLLOWING:
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
42427/2025 -9-
JUDGMENT
The petitioner is common in all the above writ petitions. The
petitioner, along with his close relatives, availed separate loans from the
Kadathuruthy Agricultural Service Co-operative Bank Ltd. The loan availed by
the petitioner is the subject matter of W.P (C) No.42411/2025. In all other
cases, the petitioner has approached this Court in his status as a guarantor for
loans availed by his close relatives. The property of the petitioner is
mortgaged to secure repayment of the loan availed by the petitioner as well as
the loans availed by his close relatives.
2. On default being committed in the repayment of the loans aforesaid,
proceedings were initiated by the Bank under Section 69 of the Kerala Co-
operative Societies Act, 1969 and separate awards were obtained determining
the liability under each of the loans. On the awards being put to execution, the
petitioner is before this court by filing the above writ petitions. This Court,
through separate interim orders (all dated 13.11.2025) had stayed
confirmation of sale (if any) of the property of the petitioner to recover
amounts due under all four awards subject to the payment of certain
amounts. It is not disputed before me that the condition imposed in the
interim orders issued by this court in the above writ petitions has not been
complied with by the petitioner.
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
3. The learned counsel appearing for the respondent bank submits that
since the petitioner has failed to comply with the conditions imposed in the
interim orders dated 13.11.2025, the petitioner has not demonstrated bona
fides entitling him to the relief sought in these writ petitions in exercise of
jurisdiction under Article 226 of the Constitution of India.
4. Faced with this situation, the learned counsel appearing for the
petitioner would submit that the petitioner may be allowed to approach the
bank by filing a suitable application under the "Navakeraleeyum
Kudishikanivarana Pathaddhi"- 2025-26 for one-time settlement. The
learned counsel for the respondent bank has no objection.
5. Having heard the learned counsel for the petitioner and the learned
counsel appearing for the respondent bank, these writ petitions will stand
disposed of directing that the petitioner shall file separate applications for
settlement in respect of each of the loans availed by him in terms of the
"Navakeraleeyum Kudishikanivarana Pathaddhi"- 2025-26 before the
competent authority of the respondent bank within a period of one week from
the date of receipt of a certified copy of this judgment. If the petitioner files
such an application within the time specified above, the competent authority
of the respondent bank shall consider such applications in accordance with
the provisions of "Navakeraleeyum Kudishikanivarana Pathaddhi"- 2025-26
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
and shall take a decision on the applications and shall also communicate its
decision to the petitioner without undue delay. If a one-time settlement is
granted to the petitioner, the petitioner shall duly and faithfully comply with
the terms of the one-time settlement. If the petitioner fails to comply with the
terms of any settlement that may be offered to him or if no settlement is
arrived at, the Bank will be entitled to continue with the recovery proceedings
initiated against the petitioner.
These writ petitions are disposed of as above.
Sd/-
GOPINATH P.
JUDGE
AMG
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
APPENDIX OF WP(C) NO. 42403 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 20/6/2022
ISSUED BY THE KADUTHURUTHY AGRICULTURAL CO-
OPERATIVE BANK LTD.NO.1233 TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED
16/4/2025.
Exhibit P3 A TRUE COPY OF THE PROCLAMATION PERTAINING TO
THE AUCTION DATED 15/10/2025.
Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONSULTANT GASTROENTEROLOGY, RAJAGIRI
HOSPITAL DATED 1/11/2025
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
APPENDIX OF WP(C) NO. 42410 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 20/6/2022
ISSUED BY THE KADUTHURUTHY AGRICULTURAL CO-
OPERATIVE BANK LTD.NO.1233 TO THE
PETITIONER .
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE AND A TRUE
COPY OF THE SAME DATED 16/4/2025.
Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 20/5/2025.
Exhibit P4 A TRUE COPY OF THE PROCLAMATION PERTAINING TO
THE AUCTION DATED 15/10/2025.
Exhibit P5 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONSULTANT GASTROENTEROLOGY, RAJAGIRI
HOSPITAL DATED 1/11/2025.
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
APPENDIX OF WP(C) NO. 42411 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 20/6/2022
ISSUED BY THE KADUTHURUTHY AGRICULTURAL CO-
OPERATIVE BANK LTD.NO.1233 TO THE
PETITIONER .
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE AND A TRUE
COPY OF THE SAME DATED 16/4/2025.
Exhibit P3 A TRUE COPY OF THE FORM ISSUED BY THE 2ND
RESPONDENT DATED 20/5/2025.
Exhibit P4 A TRUE COPY OF THE PROCLAMATION PERTAINING TO
THE AUCTION DATED 15/10/2025.
Exhibit P5 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONSULTANT GASTROENTEROLOGY, RAJAGIRI
HOSPITAL DATED 1/11/2025.
2026:KER:4454
WP(C) Nos.42403/2025,
42410/2025, 42411/2025,
APPENDIX OF WP(C) NO. 42427 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 20/6/2022
ISSUED BY THE KADUTHURUTHY AGRICULTURAL CO-
OPERATIVE BANK LTD.NO.1233 TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE E.A. DEMAND NOTICE DATED
16/4/2025 ISSUED BY THE CO-OPERATIVE SOCIETY
INSPECTOR ARBITRATION & EXECUTION, VAIKOM
Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 20/5/2025.
Exhibit P4 A TRUE COPY OF THE PROCLAMATION PERTAINING TO
THE AUCTION DATED 15/10/2025.
Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONSULTANT GASTROENTEROLOGY, RAJAGIRI
HOSPITAL DATED 1/11/2025.
