Flood-affected petitioner approached Court seeking relief on loan dues under a Government Order. Court granted opportunity to represent to Bank and deferred Bank action.
Writ petition disposed; liberty granted to petitioner to approach Bank for benefits under Ext.P3; action by Bank deferred.
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 DEVAN RAMACHANDRAN
TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940
WP(C).No. 7273 of 2019
PETITIONER/S:
M.K.AJITHKUMAR, AGED 51 YEARS S/O.KRISHNANKUTTY NAIR, KAYGEES HOUSE, THALAYOLAPARAMBU (P.O), MATHANNAM, KOTTAYAM DISTRICT.
BY ADVS. SRI.V.R.KESAVA KAIMAL SMT.C.DEVIKA RANI KAIMAL
RESPONDENT/S:
1 THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD., KADUTHURUTHY P.O., KOTTAYAM- 686604, REP. BY ITS SECRETARY.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM- 695001.
BY ADVS. SRI.J.JULIAN XAVIER -SC SRI.FIROZ K.ROBIN SMT. C.S. SHEEJA – SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 7273/19
2
JUDGMENT
The petitioner says that he has been
severely impacted by the horrific floods that devastated our State a few months ago and that on account of this, he has been unable to pay off the amounts due under an Agricultural Loan, availed of by him from the respondent-Bank. He, therefore, prays that the Bank be directed to consider his entitlement to the benefits under Ext.P3 Government Order, issued granting certain benefits to flood-affected persons.
WPC 7273/19
3
complying with the interim order. He, therefore, prays that this writ petition be dismissed on that ground alone.
Counsel for the Bank as afore, the fact remains
that the devastating floods hit our State in August 2018 and it is conceded that the
petitioner's earlier writ petition was dismissed prior to that. Therefore, merely because he had approached this Court and had withdrawn a writ petition, it should not stand in the way of any eligible benefits being given to him, particularly because Ext.P3 Government Order has
been issued taking note of the impact of the floods on the citizens of the State.
firm view that the petitioner must get an opportunity to approach the Bank with an
appropriate representation, seeking the benefits of Ext.P3 and that the same requires to be
considered by the competent Authority before any
WPC 7273/19
4
further action can be taken against him.
In the afore circumstances, I order this
writ petition and grant liberty to the petitioner to approach the Bank appropriately with a request/representation, claiming all the benefits under Ext.P3 Government Order, within a period of four days from the date of receipt of a copy of this judgment; in which event, the competent Authority will consider the same, after affording an opportunity of being heard to
the petitioner, within a period of ten days thereafter and will communicate to him the
resultant order without any delay.
Needless to say, until such time as the
exercise as afore directed is completed, all action being pursued by the Bank against the petitioner will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
RR
WPC 7273/19
5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE NOTICE DATED 02.02.2019 ISSUED BY THE FIRST RESPONDENT IN RESPECT OF RS.35,43,915/- |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE NOTICE DATED 02.02.2019 ISSUED BY THE FIRST RESPONDENT IN RESPECT OF RS.7,63,068/- |
| EXHIBIT | P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 12.10.2018 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF KERALA. |
| EXHIBIT | P4 TRUE COPY OF THE REPRESENTATION DATED 01.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER OF THE FIRST RESPONDENT BANK. |
| EXHIBIT | P4 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXT.P4. |
| EXHIBIT | P5 TRUE COPY OF THE REPRESENTATION DATED 08.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER OF THE FIRST RESPONDENT BANK. |
| EXHIBIT | P5 A TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT.P5. |
| EXHIBIT | P6 TRUE COPY OF THE ORDER DATED 05.12.2018 ISSUED BY THE KERALA STATE CO-OPERATIVE OMBUDSMAN, THIRUVANANTHAPURAM. |
2 issues framed by the court
Whether the petitioner is entitled to relief under a Government Order for flood-affected persons regarding loan dues.
Whether a prior withdrawal of a writ petition bars fresh proceedings for the same relief.
M.K. AJITHKUMAR
THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEVAN RAMACHANDRAN
DEVAN K. S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
