2025:KER:29027 WP(C) No.11835 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3 RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 11835 OF 2025 PETITIONER: MERCY DAVEES AGED 56 YEARS W/O. DAVEES, MADASSERY HOUSE, MOOKKANNOOR P.O., ANGAMALY,ERNAKULAM, PIN - 683577 BY ADVS. K.R.VINOD M.S.LETHA ATUL ANAND ATHIRA K.S. NAYANA K. SHENOY RESPONDENTS: 1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERIYAR NAGAR, ALUVA,ERNAKULAM, PIN - 683101 2 THE SPECIAL SALE OFFICER PARAKKADAVU SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) PERIYAR NAGAR, ALUVA,ERNAKULAM, PIN - 683101 3 THE MOOKKANNOOR SERVICE CO-OPERATIVE BANK LTD. NO.E62, EZHATTUMUKHAM ROAD, MOOKKANNOOR, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN - 683577 BY ADV SANTHOSH KUMAR G SMT.MABLE C.KURIAN, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29027 WP(C) No.11835 of 2025 2 JUDGMENT The petitioner had availed financial assistance from the 3 rd respondent Society. She committed default in repayment and the Society initiated arbitration proceedings. Exts.P1 and P2 are the notices of attachment. The grievance of the petitioner is that the respondents have placed huge banners on the entrance gate of the house of the petitioner, on the side of the main road and inside the landed property. The petitioner has therefore filed this writ petition for a direction to the respondents to remove the illegally affixed banners as seen from Exts.P3 to P5 photographs forthwith, and for a further direction to respondents not to affix any such banners either at the residence of the petitioner or at any public place. 2. This Court, on 28.03.2025, passed an order directing the respondents to remove all the banners and flex boards affixed by the 3 rd respondent Society other than notice contemplated under Rule 81(d) of the Kerala Co-operative Societies Rules, 1969, within 48 hours. 2025:KER:29027 WP(C) No.11835 of 2025 3 3. It is submitted by the learned counsel for the petitioner that the banners and flex boards placed by the Society have been removed from the premises of the petitioner. 4. Heard the counsel on both sides. Borrowers cannot be coerced to repay the loans by threatening to damage their reputation. There will be a direction to respondents 2 and 3 not to affix or place any banners in the premises of the petitioner or at any public place other than the notice contemplated under Rule 81(d) of the Kerala Co-operative Societies Rules, 1969. This writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29027 WP(C) No.11835 of 2025 4 APPENDIX OF WP(C) 11835/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF ATTACHMENT IN ARC NO.1944/2019 DATED 07.03.2025 Exhibit P2 TRUE COPY OF THE NOTICE OF ATTACHMENT IN ARC NO.1387/2022 DATED 07.03.2025 Exhibit P3 TRUE PHOTOGRAPH OF THE HUGE BANNER TIED BY THE RESPONDENTS ON THE SIDE OF THE PUBLIC ROAD NEAR TO THE PROPERTY OF THE PETITIONER Exhibit P4 THE PHOTOGRAPH OF THE BANNER AFFIXED ON THE FRONT GATE OF THE PROPERTY OF THE PETITIONER Exhibit P5 THE PHOTOGRAPH OF THE BANNER TIED IN A DIFFERENT PROPERTY OWNED BY THE PETITIONER