Kerala High Court
Koya.P vs Assistant Registrar Of Co-Operative ... on 26 August, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:65501
W.P (C) No.24425 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WP(C) NO. 24425 OF 2025
PETITIONER:
KOYA.P.,
AGED 55 YEARS,
S/O ABDULLA, PUTHANPURAYIL HOUSE, CHERUKODE P.O.,
VALLAPUZHA, PALAKKAD, PIN - 679336
BY ADVS.
SHRI.LATHEEF P.K.
SHRI.FAHAD HUSSAIN
RESPONDENTS:
1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), OTTAPPALAM, PALAKKAD DISTRICT,
PIN - 679101
2 SALE OFFICER
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G) OTTAPPALAM,
PALAKKAD DISTRICT, PIN - 679101
3 VALLAPUZHA SERVICE CO-OPERATIVE BANK LTD NO -
F.1207
NELLAYA P.O, NELLAYA, PALAKKAD DISTRCT,
2025:KER:65501
W.P (C) No.24425 of 2025
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REPRESENTED BY SECRETARY, PIN - 679335
BY ADVS.
SHRI.P.N.MOHANAN
SMT.AMRUTHA SURESH
SRI.V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:65501
W.P (C) No.24425 of 2025
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K.BABU, J.
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W.P (C) No.24425 of 2025
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Dated this the 26th day of August, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to regularize the Loan Account (Membership No. A-003001033033) by allowing the petitioner to remit the outstanding amount in one- time settlement.
ii. To issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent to permit the petitioner to repay the outstanding amount in 30 equal instalments. iii. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to furnish details of the Loan Account (Membership No. A-003001033033) and to show the amount due as on the date of filing the writ petition.
And, iv. To grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the 2025:KER:65501 W.P (C) No.24425 of 2025 4 respondent bank submits that the bank is agreeable to permit the petitioner to remit the overdue amount in twenty four equal monthly instalments.
4. In the above circumstances, the Writ Petition is disposed of with the following directions:
(i) Respondent bank is directed to regularize the loan account by accepting repayment of the entire overdue amount of Rs.25,12,663/-
(Rupees Twenty Five Lakhs Twelve Thousand Six Hundred and Sixty Three only) along with Bank charges from the petitioner.
(ii) The petitioner shall remit the overdue amount of Rs.25,12,663/- together with any accrued interest and charges in twenty four equal monthly instalments.
(iii) The first instalment shall be paid on or before 29.09.2025 and the subsequent 2025:KER:65501 W.P (C) No.24425 of 2025 5 instalments shall be paid on or before the last working day of every succeeding month.
(iv) The petitioner shall continue to pay the regular EMIs in terms of the contract.
(v) In the event of default of any one instalment, the respondent Bank is entitled to proceed in accordance with law.
(vi) The coercive proceedings initiated against the petitioner shall be kept in abeyance to facilitate repayment as stated above.
Sd/-
K.BABU, JUDGE KAS 2025:KER:65501 W.P (C) No.24425 of 2025 6 APPENDIX OF WP(C) 24425/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF WRIT PETITION NUMBER 29589 OF 2022 FILED BY THE PETITIONER DATED 15.09.2022 Exhibit P2 THE TRUE COPY OF JUDGEMENT DATED 15.11.2024 PRONOUNCED THIS HON'BLE COURT IN WRIT PETITION NUMBER 29589 OF 2022 FILED BY THE PETITIONER Exhibit P3 THE TRUE COPY OF RECEIPT EVIDENCING THE PAYMENT DATED 16.12.2024 Exhibit P4 A TRUE COPY OF THE BANK ACCOUNT STATEMENT FROM 01/01/2013 TO 22/1/2025