Kerala High Court
Shaniba vs Kerala State Co-Operative Bank Limited on 3 June, 2025
2025:KER:38776
WP(C) No. 5711 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(C) NO. 5711 OF 2025
PETITIONER:
SHANIBA,
AGED 40 YEARS, W/O. MUSTHAFA,
PARAPPOYIL, NARIKKATERI,
NADAPURAM, KOZHIKODE, PIN-673506
BY ADVS.
SHRI.MITHUN P.
SHRI.SUMEEN S.
SMT.MERIN THOMAS
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LIMITED
REGIONAL OFFICE, KOZHIKODE, KALLAI ROAD,
CHALAPPURAM P.O., KOZHIKODE, PIN-673002
REPRESENTED BY THE AUTHORISED OFFICER
*ADDL.R2 RIYAS,
S/O. POKKER HAJI,
RESIDING AT CHETTIYAN KANDIYIL HOUSE,
KUNNINGAD P.O., PURAMERI-673503
* (ADDL.R2 IMPLEADED AS PER ORDER DATED 11-03-2025
IN IA 1/2025)
SRI. P.C. SASIDHARAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:38776
WP(C) No. 5711 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.5711 of 2025
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Dated this the 3rd day of June, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or such other writ order or directions, directing the respondent to permit the petitioner to repay the overdue amount in 25 monthly instalments as fixed by this Hon'ble Court and to regularize the loan to the remaining terms.
ii. Such other reliefs that may be deemed fit and proper by the Hon'ble Court in the circumstances of this case.
iii. It is also humbly prayed that this Hon'ble court may dispense with filing of the translation of vernacular documents for securing the ends of justice.
2. Learned counsel for the Bank submits that the property has already been sold on 11.02.2025. The remedy of the petitioner against such sale is to approach the Debt Recovery Tribunal.
2025:KER:38776 WP(C) No. 5711 of 2025 -3- Accordingly, this writ petition is dismissed, without prejudice to the right of the petitioner to avail of the same. All the contentions raised in the writ petition are left open.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:38776 WP(C) No. 5711 of 2025 -4- APPENDIX OF WP(C) 5711/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 24.01.2025 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE PUBLICATION OF SALE PUBLISHED BY THE RESPONDENT BANK