Petitioner, a co-debtor in chit transactions, sought to extend the benefit of an expired one-time settlement scheme and quash sale notices. The court refused to extend the scheme and dismissed the petition as the challenged sale notices were withdrawn.
The writ petition was dismissed as the challenge to sale notices no longer survived their withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939 WP(C).No. 2962 of 2018
PETITIONER(S):
DRISYA, AGED 24, D/O. NALINI E.K., AND D/O. KARUMATHIL VIJAYAN, PATTURAIKAL AMSOM DESOM, THRISSUR VILLAGE, THRISSUR TALUK, THRISSUR-1.
BY ADV.SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE THRISSUR DISTRICT MUNICIPAL CORPORATION EMPLOYEES CO-OPERATIVE SOCIETY NO. R-38,
3. THE SPECIAL SALE OFFICER,
R1 & R3 BY SR.GOVERNMENT PLEADER SMT.C.S.SHEEJA R2 BY ADV. SRI.A.D.RAVINDRA PRASAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 2962 of 2018 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
A TRUE COPY OF THE FORM NO.7 NOTICE DATED 09.06.2017 IN E.P. NO. 1465/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
|---|---|
| EXHIBIT P1(A) |
A TRUE COPY OF THE FORM NO.7 NOTICE DATED 09.06.2017 IN E.P. NO. 1468/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P1(B) |
A TRUE COPY OF THE FORM NO 7 NOTICE DATED 09.06.2017 IN E.P. NO. 1467/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P1(C) |
A TRUE COPY OF THE FORM NO.7 NOTICE DATED 09.06.2017 IN E. P. NO. 1466/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P1(D) |
A TRUE COPY OF THE FORM NO.7 NOTICE DATED 09.06.2017 IN E. P. NO. 1469/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P1(E) |
A TRUE COPY OF THE FORM NO 7 NOTICE DATED 09.06.2017 IN E. P. NO. 1464/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2 |
A TRUE COPY OF THE FORM NO. 2 NOTICE DATED 20.04.2017 IN E.P. NO.1464/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2(A) |
A TRUE COPY OF THE FORM NO.2 NOTICE DATED 20.04.2017 IN E.P. NO. 1465/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2(B) |
A TRUE COPY OF THE FORM NO. 2 NOTICE DATED 20.04.2017 IN E.P. NO. 1466/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2(C) |
A TRUE COPY OF THE FORM NO. 2 NOTICE DATED 20.04.2017 IN E.P. NO. 1467/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2(D) | NIL |
| EXHIBIT P2(E) |
A TRUE COPY OF THE FORM NO. 2 NOTICE DATED 20.04.2017 IN E.P. NO. 1468/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
| EXHIBIT P2(F) |
A TRUE COPY OF THE FORM NO. 2 NOTICE DATED 20.04.2017 IN E.P. NO. 1469/2013 ISSUED AT THE INSTANCE OF THE 3RD RESPONDENT. |
WP(C).No. 2962 of 2018 (U)
| EXHIBIT P3 |
A TRUE COPY OF THE COMMUNICATION PROVIDED BY THE SECOND RESPONDENT DATED 27.5.2017. |
|---|---|
| EXHIBIT P4 |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1458/2013. |
| EXHIBIT P4(A) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1464/2013. |
| EXHIBIT P4(B) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1465/2013. |
| EXHIBIT P4(C) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1466/2013. |
| EXHIBIT P4(D) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1467/2013. |
| EXHIBIT P4(E) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1468/2013. |
| EXHIBIT P4(F) |
A TRUE COPY OF THE NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT IN E.P. NO. 1469/2013. |
| EXHIBIT P4(G) |
A TRUE COPY OF THE GENERAL NOTICE OF NAVAKERALEEYAM KUDISSIKA NIVARANAM 2017 DATED 3.2.2017 ISSUED BY THE THIRD RESPONDENT. |
| EXHIBIT P5 |
A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.24536 OF 2017 DATED 4.12.2017 BY THIS HON'BLE COURT. |
| EXHIBIT P6 |
A TRUE COPY OF THE SALE NOTICE DATED 18.01.2018 ISSUED FORM NO. 8 IN E.P. NO. 1458/2013. |
| EXHIBIT P6(A) |
A TRUE COPY OF THE SALE NOTICE DATED 18.01.2018 ISSUED FORM NO. 8 IN E.P. NO. 1459/2013. |
| EXHIBIT P7 |
A TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 24.1.2018. |
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
ANIL K.NARENDRAN, J.
----------------------------------------------- W.P.(C)No.2962 of 2018 -----------------------------------------------
Dated this the 9th day of February, 2018
J U D G M E N T
The petitioner, who is stated to be a co-debtor in chit transactions with the 2nd respondent Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P6 and P6(a) sale notices dated 18.1.2018 issued by the 3rd respondent Special Sale Officer in E.P.Nos.1458/2013 and 1459/2013. The petitioner has also sought for a writ of mandamus commanding respondents 2 and 3 to consider her request in Ext.P7 and to extend the benefit of Ext.P4 series of notices, for the liability covered by Ext.P3 and also to keep further proceedings pursuant to Ext.P6 series of notices in abeyance, till such time.
W.P.(C)No.2962 of 2018
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are issued by the 3rd respondent, in violation of Rule 81 of the Kerala Co-operative Societies Rules, which mandates 30 days' notice, this Court granted interim stay of all further proceedings pursuant to the said notices for a period of 10 days.
W.P.(C)No.2962 of 2018
:-3-:
writ of mandamus commanding respondents 2 and 3 herein to extend the benefit of Ext.P4 series of notices issued under “Navakeraleeyam Kudissika Nivaranam-2017”, so as to enable her to liquidate the liability covered by Ext.P3 communication of the 2nd respondent Bank. The said writ petition was disposed of by Ext.P5 judgment dated 5.12.2017, based on the submission made by the learned counsel for the petitioner that she may be granted a breathing time to cover the entire dues demanded in Ext.P2 series of demand notices. By Ext.P5 judgment, she was permitted to clear the entire dues mentioned in Ext.P2 series of demand notices in four equal monthly installments, commencing from 29.12.2017 and the subsequent installments payable on or before the 29th day of the succeeding months. In the said judgment it was made clear that in case of any default committed by her, in remitting any one of the aforesaid installments, it would be open to respondents 2 and 3 to proceed with recovery proceedings pursuant to Exts.P1 and P2 series of notices. Paragraphs 6 to 9 of the said judgment read thus ;
“6. Admittedly, the benefit of the One Time Settlement Scheme was available to defaulters only upto 31.3.2017. Despite issuance of Ext.P4 series of notices, the petitioner has not chosen to clear the liability by availing the benefit
W.P.(C)No.2962 of 2018
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under the said scheme. On 24.7.2017, much after the expiry of the One Time Settlement Scheme, the petitioner has approached this Court in this Writ Petition seeking an order to extend the benefit of the said scheme. Since the validity of the scheme has already expired on 31.3.2017, the petitioner is not entitled for the relief sought for in this Writ Petition.
W.P.(C)No.2962 of 2018
:-5-:
Nivaranam-2017”. In paragraph 6 of Ext.P5 judgment, this Court found that the benefit of the said one time settlement scheme was available to defaulters only upto 31.3.2017 and despite the issuance of Ext.P4 series of notices, the petitioner's mother has not chosen to clear the liability by availing the benefit under the said Scheme. Thereafter, on 24.7.2017, much after the expiry of the one time settlement scheme, she had approached this Court in that writ petition seeking an order to extend the benefit of that Scheme. In Ext.P5 judgment, this Court found that since the validity of the said scheme had already expired on 31.3.2017, she is not entitled for the relief sought for in that writ petition. The petitioner herein, who is stated to be a co-debtor in the same chit transactions, cannot re-agitate the very same issue in the present writ petition and as such, the relief sought for in this writ petition for extending her the benefit under Ext.P4 series of notices for the debt covered by Ext.P3 notice issued to her mother can only be rejected and I hold so.
W.P.(C)No.2962 of 2018
:-6-:
are withdrawn on account of procedural irregularities and fresh sales notices will be issued in accordance with law.
In such circumstances, the challenge made against Exts.P6
and P6(a) notices no more survives. Accordingly, this writ petition
is dismissed.
Sd/-
ANIL K.NARENDRAN
JUDGE
ami/9.2.18
//True copy//
P.A.to Judge
2 issues framed by the court
Whether the court can extend the benefit of a one-time settlement scheme that expired before the petition was filed.
Whether the challenge against issuance of sale notices survives after the respondents withdrew the notices due to procedural irregularities.
Drisya
The State of Kerala, Rep. By The Secretary to the Government, Department of Co-Operation
The Thrissur District Municipal Corporation Employees Co-operative Society No. R-38
The Special Sale Officer
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
