Kerala High Court
T.Mohammed Aslam vs Canara Bank on 15 July, 2015
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938
WP(C).No. 25508 of 2016 (k)
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PETITIONER(S):
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T.MOHAMMED ASLAM
AGED 58 YEARS, S/O.LATE HASSAINAR HAJI
PROPRIETOR FANCY FOOTWEAR,
RAILWAY STATION ROAD KOTTACHERY,
P.O.KANHANGAD, KASARAGOD DISTRICT.
RESIDING AT ATHINJAL AJANUR VILLAGE,
HOSDURG TALUK P.O., MANIKOTH, KASARAGOD DISTRICT.
BY ADV. SRI.C.K.SREEJITH
RESPONDENT(S):
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1. CANARA BANK
KANHANGAD BRANCH, REPRESENTED BY ITS SENIOR
MANAGER, HAVING ITS OFFICE AT KOTTACHERY,
BALLA VILLAGE, HOSDURG TALUK, P.O.KANHANGAD-671315.
2. THE DISTRICT COLLECTOR
CIVIL STATION, KASARAGOD DISTRICT-671315.
3. DEPUTY COLLECTOR
SPECIAL CALL FOR REHABILITATION OF ENDOSULFAN VICTIM,
COLLECTORATE, KASARAGOD-671315.
R2 & R3 BY SR. GOVERNMENT PLEADER SMT. K.R. DEEPA
R1 BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MLG
WP(C).No. 25508 of 2016 (k)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.21148/2015
ON THE FILE OF HONOURABLE HIGH COURT OF KERALA DATED
15/07/2015
P2 THE TRUE COPY OF THE PROCEEDINGS DATED 01/12/2015
ISSUED BY THE 3RD RESPONDENT
P3 THE TRUE COPY OF THE ORDER IN E.P NO.86/2010 IN O.S
NO.86/2008 ON THE FILE OF COURT OF THE SUBORDINATE
JUDGE OF HOSDURG DATED 04/07/2016
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
P.S TO JUDGE
MLG
SHAJI P. CHALY, J.
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W.P.(C)No.25508 of 2016
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Dated this the 29th day of November, 2016
J U D G M E N T
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Petitioner herein is the Judgment Debtor in E.P.No.86/2010 in O.S.No.86/2008 on the files of the Subordinate Judges Court, Hosdurg. According to the petitioner, he is an endosulfan victim. As per Ext.P2 District Collector has passed an order to keep in abeyance all recovery proceedings against the petitioner. It is also stated that as per Ext.P2 it is found out by the District Collector that petitioner is entitled to an amount of Rs.3,00,000/- declared by the Government to endosulfan victims. Therefore, the said amount if adjusted against the loan outstanding against the petitioner with the 1st respondent bank, petitioner is prepared to pay the balance amount in the loan accounts in reasonable instalments. It is in this background seeking appropriate directions, this writ petition is filed. W.P.(C)No.25508 of 2016 2
2. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the 1st respondent and learned Government Pleader and perused the documents on record and pleadings put forth by the petitioner.
3. The main contention advanced by learned counsel for the petitioner is based on Ext.P2 as pointed out earlier, the District Collector has stated in Ext.P2 that Government have declared an amount of Rs.3,00,000/- to endosulfan victims and petitioner is entitled to be considered under that category. Learned Government Pleader on instructions submitted that already a decision is taken to pay an amount of Rs.3,00,000/- to the petitioner. Therefore, there will be a direction to the 2nd respondent to pay an amount of Rs.3,00,000/- due to the petitioner as per Ext.P2 to the 1st respondent bank, within 45 days from the date of receipt of a copy of this judgment. Petitioner will be at liberty to approach the bank with representation to pay off the balance amounts in reasonable equated monthly instalments, which shall W.P.(C)No.25508 of 2016 3 be considered by the 1st respondent, taking note of the situations to which the petitioner is put to and taking a sympathetic view in the said matter, and a decision shall be taken within a month from date of receipt of a copy of the representation from the petitioner, till such time recovery proceedings if any, shall be kept in abeyance. If the subordinate Judges Court is proceeding with the execution proceedings, petitioner will be also, at liberty to make necessary application and seek appropriate relief in terms of the directives contained under this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
rmm/ 1/12/2016 [ True copy] P.A. to Judge