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Kerala High Court
Narayani Amma vs State Of Kerala on 23 January, 2026
2026:KER:5782
WP(C) NO. 1610 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 1610 OF 2025
PETITIONER/S:
NARAYANI AMMA,AGED 67 YEARS
W/O. SREEDHARAN,'SHREYAS' P.O. MALLANNUR, SHIVAPURAM
AMSOM, THALASSERY TALUK, KANNUR DISTRICT, PIN - 670701
BY ADVS.
SRI.CIBI THOMAS
SMT.SWARNA THOMAS
SMT.ANUSREE K.
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF CO- OPERATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THAVAKARA, KANNUR, KANNUR DISTRICT, PIN - 670002
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
IRITTY, (SPECIAL SALE OFFICER), PUNNAD.P.O,
KANNUR DISTRICT, PIN - 670703
4 MATTANNUR CO-OPERATIVE RURAL BANK LTD.,
REP. BY IT SECRETARY, MATTANNUR.P.O,
KANNUR DISTRICT, PIN - 670702
5 NETTUR SREEDHARAN, ,S/O. KUNHAMBU NAMBIAR, 'SHREYAS',
P.O. MALLANNUR, SHIVAPURAM AMSOM, THALASSERY TALUK,
KANNUR DISTRICT,, PIN - 670701
2026:KER:5782
WP(C) NO. 1610 OF 2025 2
6 PALLIPRAVAN BALAMANI
AGED 52 YEARS
D/O. BALAN NAMBIAR, P.O. KANHILERI, SHIVAPURAM AMSOM,
MATTANNUR (VIA), KANNUR DISTRICT,, PIN - 670702
BY ADVS.
SHRI.V.V.SURENDRAN
SRI.R.SURENDRAN
SRI.P.A.HARISH
SMT.DONA PAUL
SMT.SHILPA K.
SMT. C.S SHEEJA (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:5782
WP(C) NO. 1610 OF 2025 3
JUDGMENT
The petitioner claims to be the deserted wife of the 5 th
respondent. The 5th respondent availed credit facilities from the
4th respondent bank by mortgaging certain properties belonging
to him. On the loan being defaulted, recovery proceedings have
been initiated. According to the petitioner, after mortgaging the
properties for securing the repayment of the loan, the 5 th
respondent settled those properties in favour of the 6 th respondent
(his niece). It is stated that the 6 th respondent, thereafter through
Exhibit P2 document assigned the properties in favour of the
petitioner and the petitioner is now the absolute owner of the
property in question.
2. When this matter is taken up for consideration today, it
is the submission of the learned counsel appearing for the
petitioner that though several contentions have been taken in the
writ petition, the petitioner is confining her prayer to the relief of
permitting the petitioner to settle the liability of the 5 th
respondent, so that the property now belonging to the petitioner
can be saved from further proceedings.
3. Learned counsel appearing for the respondent bank
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would submit that, as on 13.01.2026, the liability of the 5 th
respondent is Rs.33,54,970/- (Rupees Thirty three lakhs fifty four
thousand nine hundred and seventy only). It is submitted that the
bank has no objection in some reasonable instalments being
permitted to the petitioner to clear the entire liability.
4. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the 4 th
respondent bank and in the peculiar facts and circumstances of
this case, I am of the opinion that the petitioner can be permitted
to settle the liability of the 5 th respondent in twenty equal monthly
instalments along with accrued interest, costs and bank charges.
5. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire outstanding
amount of Rs.33,54,970/- (Rupees Thirty three lakhs fifty four
thousand nine hundred and seventy only) along with accrued
interest, costs and bank charges from the petitioner in the
following manner:
(i) The outstanding amount of Rs.33,54,970/- (Rupees Thirty
three lakhs fifty four thousand nine hundred and seventy
only), as on 13.01.2026, shall be repaid in twenty equated
monthly instalments along with any accrued interest, costs
and charges;
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(ii) The first instalment shall be paid on or before 23.02.2026
and the subsequent instalments shall be paid on or before
the 23rd day of the succeeding months;
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance
with the law;
(iv) In order to enable the petitioner to repay the entire
amounts as above, all coercive proceedings shall be kept in
abeyance.
Since it is stated in Court that there were disputes
between the petitioner and the 5 th respondent regarding the
property, I make it clear that the permission granted to the
petitioner to clear the liability shall not be deemed in any
manner as a declaration by this Court of any right of the
petitioner over the mortgaged property and the same will have
to be independently established by the petitioner, if any question
arises regarding the same.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:5782
APPENDIX OF WP(C) NO. 1610 OF 2025
PETITIONER EXHIBITS
Exhibit P1. TRUE COPY OF THE REGISTERED SETTLEMENT DEED
NO. 2476/2018 DATED 18.09.2018 OF SRO
MATTANNUR
Exhibit P2. TRUE COPY OF THE REGISTERED GIFT DEED
NO.642/2019 DATED 14.03.2019 OF SRO MATTANNUR
Exhibit P3. TRUE COPY OF PLAINT IN OS.NO. 87/2019 BEFORE
THE PRINCIPLE SUBORDINATE COURT THALASSERY
Exhibit P4. TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE PETITIONER IN OS.NO. 87/2019 BEFORE THE
PRINCIPLE SUBORDINATE COURT THALASSERY
Exhibit P5. TRUE COPY OF THE NOTICE OF ATTACHMENT DATED
05.11.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P6. TRUE COPY OF THE SALE NOTICE DATED 08.01.2025
ISSUED UNDER RULE 81 OF KERALA CO-OPERATIVE
SOCIETIES RULES
