Kerala High Court
Deepasree vs State Of Kerala on 6 March, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
W.P.(C) No. 12684 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 12684 OF 2023
PETITIONER:
DEEPASREE
AGED 39 YEARS
W/O K. VIJAYAN, RESIDING AT KANAKATH HOUSE,
MUTHUVADATHUR P.O., VATAKARA,
KOZHIKODE DISTRICT, PIN - 673503
BY ADV NABIL KHADER
RESPONDENTS:
1 STATE OF KERALA
REP.BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS AUTHORISED OFFICER,
KOZHIKODE REGIONAL OFFICE, COLOMBO COMPLEX,
MM ALI ROAD, KOZHIKODE, PIN - 673002
3 REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
4 DISTRICT COLLECTOR
KOZHIKODE, WAYANAD RD, CIVIL STATION,
W.P.(C) No. 12684 of 2023 2
ERANHIPPALAM, KOZHIKODE, KERALA, PIN - 673020
5 DEPUTY TAHSILDAR
VADAKARA TALUK, VADAKARA MINI CIVIL STATION,
COURT ROAD, VATAKARA, KERALA, PIN - 673101
6 THE VILLAGE OFFICER
PURAMERI VILLAGE OFFICE PURAMERI -
KUNINGAD RD, PURAMERI, KERALA, PIN - 673502
R2 BY SRI. P.C. SASIDHARAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 12684 of 2023 3
JUDGMENT
The petitioner asserts that she had availed financial facilities from the 2nd respondent Bank, with her immovable property mortgaged as security. However, due to severe financial crises, she was unable to make timely repayments. She states that she has now been served with Ext.P1 and P2 notices threatening the initiation of coercive proceedings. It is on these assertions that this writ petition has been filed seeking the issuance of directions to the respondents to permit the petitioner to repay the amount through manageable installments.
2. The learned Standing Counsel appearing for the 2nd respondent submits that the total outstanding as of the date due from the petitioner is about Rs.33,98,732/-. It is submitted that the bank is not averse to granting the petitioner an opportunity to clear the outstanding. However, he submits that not more than eight installments be granted.
3. Upon careful consideration of the submissions made by both parties, it is evident that the petitioner owes in excess of Rs.33.98 lakhs to the 2nd respondent Bank. The respondents, fairly, have agreed to permit the petitioner to settle these debts through a limited number of installments. W.P.(C) No. 12684 of 2023 4 As a measure of last resort, I am inclined to issue directions to facilitate the petitioner in discharging her financial obligations to the 2nd respondent. This approach is deemed necessary to provide a structured pathway for the petitioner to clear off her monetary liabilities in a manageable manner.
4. Resultantly, this writ petition is ordered, and the following directions are issued:
(i) The petitioner shall approach the 2nd respondent with a request to inform her of the details of the outstanding amount together with interest and other charges due from her in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the 2nd respondent shall forthwith issue a statement in writing detailing the amounts.
(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in fifteen (15) equal monthly installments commencing from 01.4.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.W.P.(C) No. 12684 of 2023 5
(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against her by the respondents for the realization of the amount shall be kept in abeyance.
(iv) It is made clear that if the petitioner commits default of any two installments, she will lose the benefit of this judgment, and the concerned respondents will be free to continue the recovery proceedings against her from the stage at which she presently stands and recover the entire amount along with interest and other charges.
(v) It is further made clear that no application for an extension of time will be entertained.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE DCS W.P.(C) No. 12684 of 2023 6 APPENDIX OF WP(C) 12684/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER DATED 09.03.2023 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT Exhibit P2 A TRUE COPY OF THE ORDER UNDER SECTION 34 DATED 10.03.2023 TO THE PETITIONER BY THE 5TH RESPONDENT