The Court dismissed a writ petition filed to direct respondent banks to consider a representation for the one time settlement scheme. The Court held the petition infructuous as the respondents had already taken a decision on the representation, deciding to dismiss without prejudice.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 7598 OF 2023
PETITIONER:
SHIJEESH T.P., AGED 42 YEARS
S/O.CHANTHUKUTTY T.P. ,PAVVAYIPOYIL HOUSE, AVIDANALLUR P.O., KOZHIKODE-673614
BY ADVS.ANOOP JOSEPH ZERENE LINDA MITCHEL ASWANI THUVVAKKADAN PAUL P. ABRAHAM
RESPONDENTS:
BY ADV P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7598 OF 2023
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JUDGMENT
Dated this the 22nd day of June 2023
The writ petition is filed to direct the respondents to consider Ext.P5 representation submitted by the petitioner for availing the one time settlement scheme.
WP(C) NO. 7598 OF 2023
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Petitioner has not availed the benefit of the proposal extended to him and thus the writ petition has become infructuous.
Therefore, the writ petition is dismissed without prejudice to the right of the petitioner to work out his remedies, in accordance with law.
sd/C.S.DIAS JUDGE
jes
WP(C) NO. 7598 OF 2023
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APPENDIX OF WP(C) 7598/2023
PETITIONER’S EXHIBITS
| Exhibit P1 Exhibit P2 |
TRUE COPY OF THE REPRESENTATION DATED 30.05.2022 TO THE 2ND RESPONDENT TRUE COPY OF THE LETTER DATED 20.01.2023 FROM THE 2ND RESPONDENT |
|---|---|
| Exhibit P3 | A TRUE COPY OF THE JUDGMENT DATED 23.02.2023 IN W.P.(C) 6194/2023 |
| Exhibit P4 | A TRUE COPY OF THE LETTER DATED 28.02.2023 ISSUED BY THE 2ND RESPONDENT |
|---|---|
| Exhibit P5 | A TRUE COPY OF THE REPRESENTATION DATED 01.03.2023 ISSUED TO THE 1STRESPONDENT BY THE PETITIONER |
| Exhibit P6 | A TRUE COPY OF THE POSTAL RECEIPT ISSUED ON SENDING EXT. P5 TO THE 1ST RESPONDENT |
| Exhibit P7 | A TRUE COPY OF THE POSTAL RECEIPT ISSUED ON SENDING EXT. P5 TO THE 2ND RESPONDENT |
| Exhibit P8 | TRUE COPY OF THE 'NAVAKERALEEYAM KUDISHIKA NIVARANAM 2023' DATED 31.01.2023 |
1 issue framed by the court
Whether the writ petition filed regarding one time settlement scheme could be dismissed as infructuous since the respondents had already considered the petitioner's representation.
Shijeesh T.P.
Kerala Bank
The General Manager, Kerala Bank
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
