Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 3174 (KER)

GEETHAKUMARI v. THE SPECIAL SALE OFFICER / ASSISTANT REGISTRAR (GENERAL)

WP(C)/2217/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No.2217 of 2025 1 2025:KER:30288 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO.2217 OF 2025 PETITIONER: GEETHAKUMARI, AGED 64 YEARS, W/O.LATE THULASIDHARAN M @ THULASIDAS, ARUN NIVAS, PAKALKURI P.O, AARAYIL, THIRUVANANTHAPURAM, PIN - 695604 BY ADVS. S.BIJU (KIZHAKKANELA) PARSHATHY S.R. ACHUTH KRISHNAN R. CRISTY THERASA SURESH RESPONDENTS: 1 THE SPECIAL SALE OFFICER / ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), VARKALA P.O THIRUVANANTHAPURAM, PIN - 695141 2 SECRETARY PALLICKAL FARMERS CO-OPERATIVE BANK LTD. T/230, HEAD OFFICE CUM MAIN BRANCH, PALLICKAL P.O, PIN - 695604 WP(C) No.2217 of 2025 2 2025:KER:30288 BY ADVS. N.ANAND T.L.SREERAM(K/356/1997) RAJESH O.N.(K/000086/2019) ROY ANTONY(K/000748/2023) AMEER SALIM(K/1024/2020) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.2217 of 2025 3 2025:KER:30288 JUDGMENT The loan availed by the petitioner from the Pallickal Farmers Co-operative Bank fell in arrears. The Society initiated arbitration proceedings. Pursuant to the award, Exts.P4 and P5 demand notices were issued to the petitioner. Challenging Exts.P4 and P5, the petitioner has filed this writ petition. 2. The learned Counsel for the Society, on instructions, submits that, as on today (08.04.2025), an amount of Rs.13,86,283/- is outstanding in the loan account of the petitioner and that she can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments. WP(C) No.2217 of 2025 4 2025:KER:30288 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.13,86,283/- in 18 equal monthly installments commencing from 15.05.2025, along with accrued interest and applicable charges. 5. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against her pursuant to Exts.P4 and P5 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/08/04/2025 WP(C) No.2217 of 2025 5 2025:KER:30288 APPENDIX OF WP(C) 2217/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE STATEMENT ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO LOAN AVAILED BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNT ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO LOAN AVAILED BY THE PETITIONER’S HUSBAND Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED ON 20.09.2019 BY THE NELLANAD GRAMA PANCHAYATH Exhibit P4 A TRUE COPY OF THE LETTER NO. 355/24 DATED 24.11.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE LETTER NO. 356/24 DATED 24.11.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 08.01.2025