2025:KER:28726 WP(C) NO. 12017 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12017 OF 2025 PETITIONER/S: SHIJU VARGHESE,AGED 53 YEARS S/O. VARGHESE, VANDANAKKARA HOUSE, MANJALLOOR VILLAGE, VAZHAKKULAM, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS. NAVEEN THOMAS A.CHERIAN RESPONDENT/S: 1 MANAGER/AUTHORIZED OFFICER URBAN CO OPERATIVE BANK LTD, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661 2 JOY JOHN,AGED 50 YEARS MAKKUCHIRA HOUSE, VADAKODU P.O, MANJALLOOR VILLAGE, VAZHAKKULAM, ERNAKULAM, PIN - 686670 3 TAHASILDAR,TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM, PIN - 686661 SRI. SAJEEV KUMAR K. GOPAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28726 WP(C) NO. 12017 OF 2025 2 JUDGMENT The petitioner has availed credit facilities from the respondent bank. According to the petitioner, he was unable to service the loans availed by him from the respondent bank on account of the fact that he faced various difficulties in obtaining necessary statutory permissions for running a crusher unit. According to the petitioner, he has filed Exhibit P7 representation before the Manager of the respondent bank and the same may be directed to be considered. 2. Learned counsel appearing for the petitioner would submit that if the petitioner is given some time, he will be able service the loan accounts or clear the loan liabilities in full. 3. Learned counsel appearing for the respondent bank submits that the outstanding liability in respect of the loan availed by the petitioner is approximately Rs.77 lakh. It is submitted that, Exhibit P7 representation can be considered by the General Manager of the respondent bank and there is no objection in a direction being issued to consider Exhibit P7, in accordance with the law. 4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 2025:KER:28726 WP(C) NO. 12017 OF 2025 3 respondent bank and considering the limited nature of relief sought for by the petitioner, the writ petition will stand disposed of, directing that the competent Authority of the respondent bank shall consider Exhibit P7 representation and take a decision thereon after affording an opportunity of hearing to the petitioners within a period of two months from the date of receipt of a certified copy of this judgment. Till such time as a decision is taken on Exhibit P7, further proceedings under the SARFAESI Act shall remain suspended. Sd/- GOPINATH P. JUDGE ajt 2025:KER:28726 WP(C) NO. 12017 OF 2025 4 APPENDIX OF WP(C) 12017/2025 PETITIONER EXHIBITS Exhibit P 1 THE COPY OF THE QUARRYING PERMIT GRANTED UNDER THE CONSOLIDATED ROYALTY PAYMENT SYSTEM FOR THE EXTRACTION OF GRANITE DATED 16.09.2011 ISSUED BY DEPARTMENT OF MINING AND GEOLOGY ,ERNAKULAM Exhibit P 2 THE TRUE COPY OF THE RECOVERY NOTICE DATED 27-12-2021 ISSUED BY THE FIRST RESPONDENT Exhibit P 3 THE TRUE COPY OF THE NOTICE DATED 10-02-2022 ISSUED BY THE FIRST RESPONDENT Exhibit P 4 THE COPY OF THE NOTICE DATED 15-03-2022 ISSUED BY THE FIRST RESPONDENT Exhibit P 5 THE TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 25-02-2025 ISSUED FROM DEPARTMENT OF INDUSTRIES AND COMMERCE Exhibit P 6 THE TRUE COPY OF THE SANCTION CERTIFICATE DATED 26-12-2024 FROM THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P7 THE TRUE COPY OF THE LETTER DATED 4-03-2025 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT