A mother filed a writ petition challenging loan recovery proceedings pending against her son. She offered to pay in installments to save her son's property. The Court dismissed the petition, holding she had no locus standi as she was neither borrower nor guarantor, especially given earlier orders protecting her belongings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944
WP(C) NO. 17310 OF 2022
PETITIONER/S:
THANKAMMA A.K.
AGED 62 YEARS
W/O.T.K.GOPI,M THEKKETHARA HOUSE, V R IYUNNI ROAD,
MYLIPADAM, THRISSUR - 680 020.
BY ADV P.M.BINDHUMOL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2 THE DISTRICT COLLECTOR THRISSUR CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.3 THE DEPUTY TAHSILDAR THRISSUR TALUK, TALUK OFFICE, THRISSUR - 680 001.4 VILLAGE OFFICER CHEMBUKKAVU VILLAGE, CHEMBUKKAVU (P.O.), THRISSUR - 680 001.5 MANAGER CANARA BANK, THRISSUR EAST FORT BRANCH, BLDG NO.23113, JESWAY BUILDING, EAST FORT, THRISSUR - 680 005.OTHER PRESENT:
GP P.S.APPU; SC M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17310 OF 2022
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JUDGMENT Dated this the 21st day of June, 2022
The petitioner’s son, along with his wife, had availed a loan from the fifth respondent bank. The loan fell in arrears and recovery proceedings are pending. The petitioner volunteers to pay off the debt in instalments.
WP(C) NO. 17310 OF 2022
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direction, Ext.P4 order, which is in petitioner’s favour, was passed. According to the learned counsel, the petitioner has no locus standi or cause of action for filing writ petition.
I find substantial merit in the contentions of the Standing Counsel inasmuch as the petitioner is neither the borrower nor the guarantor. Moreover having approached this court earlier and obtained Ext.P3 judgment, based on which Ext.P4 order is passed, the petitioner cannot be allowed to express the cause of person, who has conveniently remained absent all throughout.
For the aforementioned reasons, I dismiss the writ petition, making it clear that this judgment will not take away the borrower’s right to seek remedies before the appropriate forum.
Sd/-
V.G.ARUN JUDGE
RK
WP(C) NO. 17310 OF 2022
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APPENDIX OF WP(C) 17310/2022
PETITIONER EXHIBITS
Exhibit P1A COPY OF THE JUDGMENT DATED 12/04/2019
OF THIS HON'BLE COURT IN WP(C)
12036/2019.
Exhibit P2A COPY OF THE JUDGMENT DATED 21/11/2019
OF THIS HON'BLE COURT IN WP(C)
11922/2019.
Exhibit P3A COPY OF THE JUDGMENT DATED 18/02/2020
OF THIS HON'BLE COURT IN WP(C)
30828/2019.
Exhibit P4THE TRUE COPY OF THE NOTICE DATED
11/03/2022 ISSUED BY THE 2ND RESPONDENT
TO THE 3RD RESPONDENT.
Exhibit P5THE TRUE COPY OF THE SCREEN SHOT OF THE
PAYMENT OF RS.1,00,000/- (ONE LAKH
ONLY) DATED 31/03/2022.
3 issues framed by the court
Whether the petitioner, who is not a borrower or guarantor but an outsider, has locus standi to file a writ petition in loan recovery proceedings.
Whether a prior judgment protecting the petitioner's belongings bars her from filing a fresh writ petition.
Whether an outsider can express cause of action about a debt belonging to another person.
THANKAMMA A.K.
STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE
THE DISTRICT COLLECTOR THRISSUR
THE DEPUTY TAHSILDAR THRISSUR
VILLAGE OFFICER CHEMBUKKAVU
MANAGER CANARA BANK
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court