Extracted from the PDF above. The PDF is authoritative.
2025:KER:25126 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 8470 OF 2025 PETITIONER:
SAFNA SADATH AGED 42 YEARS W/O MUHAMMAD ILLIYAS SADATH H.NO.12/985 A, PANAYAPILLI HOUSE MATTANCHERRY ERNAKULAM, KOCHI, PIN – 682 002 BY ADVS. AMEER.K.M.
FASNA T.Y HAZEENA BEEVI N.H RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION KAKKANAD ERNAKULAM, PIN – 682 021. 2 DEPUTY THAHSILDAR OFFICE OF THE THAHSILDAR (REVENUE RECOVERY) PARK AVENUE ROAD MARINE DRIVE ERNAKULAM KOCHI, PIN – 682 011. 3 VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICE, MATTANCHERRY, KOCHI, PIN – 682 002. 4 THE BRANCH MANAGER THE KERALA STATE CO-OPERATIVE BANK LTD 1ST FLOOR , ILLICKAL BUILDING, PATHADIPPALAM KALAMASSERY, ERNAKULAM, PIN – 682 024.
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*5 SUBAIDA W/O ABDUL LATHEEF ,5/360, NEW ROAD , MATTANCHERRY , ERNAKULAM *6 SUHARA D/O MUHAMMED, PEECHINGAPARAMBU VATTEKUNNAM EDAPPALLY P.O ERNAKULAM *7 GIRIJA W/O SHANMUGHAN DANISH NILAYAM VIDAKUZHA THAIKKATTUKARA P.O ERNAKULAM (ADDL.R5 TO R7 ARE IMPLEADED AS PER ORDER DATED 24.03.2025 IN W.P.(C) No.8470 of 2025) BY ADVS.
K. AMMINIKUTTY V.K. SUNIL, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is the borrower of the CDS group loan along with additional respondent from the Kerala State Co-operative Bank, Pathadippalam.
2. The petitioner submits that since there was default in payment of the amount, the Bank initiated revenue recovery proceedings under the Kerala Revenue Recovery Act, 1968. Ext.P2 is the demand notice issued to the petitioner and the additional respondents. The petitioner has filed this writ petition for a direction to the respondents to set aside Ext.P2.
3. When the writ petition came up for
consideration today, the learned Standing Counsel for the Bank submitted that if the petitioner and the additional
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respondents approach the 4th respondent with appropriate representation within one week from today, the 4th respondent will consider the request to settle the loan account either by providing them instalment facilities or other appropriate reliefs.
4. Accordingly, this writ petition is disposed of after dispensing notice to the additional respondents with the following directions:- (a) The petitioner shall file appropriate representation before the 4th respondent seeking appropriate reliefs within two weeks from today. b) On receipt of such application, the competent authority of the 4th respondent shall issue notice to the petitioner as well as the
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additional respondents and pass appropriate orders thereon in accordance with law and communicate the same to the petitioner and the additional respondents within three weeks therefrom. (c) In order to enable the petitioner to approach the 4th respondent and the 4th respondent to consider their request, all coercive proceedings against the petitioner and the additional respondents shall be kept in abeyance for a period of six weeks. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ
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APPENDIX OF WP(C) 8470/2025 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 26.12.2024