Disposed

Kunjikkannan K v. State of Kerala

Kerala HC26 Jul 2024WP(C)/13022/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution, the Kerala High Court disposed of an application by a loan defaulter without directly deciding on the merits. The court directed the respondent bank to consider the petitioner's request for a One Time Settlement as per a relevant Circular, deferring coercive proceedings pending the bank's decision.

What did the court decide?

Directed the 3rd respondent to consider the petitioner's One Time Settlement application and deferred coercive proceedings if documents were submitted within a week.

Kunjikkannan K Vs State of Kerala — Property and Title | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 26^TH DAY OF JULY 2024 / 4TH SRAVANA, 1946 WP(C) NO. 13022 OF 2023

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PETITIONER:

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KUNJIKKANNAN K., AGED 64 YEARS, S/O RAMAN NAIR, KIZHAKKE VEETTIL, KVK BHAVAN, AMBALAVAYAL, SULTHAN BATHERY, WAYANADU, PIN – 683593

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BY ADVS. R.DIVAKARAN BINOI GEORGE (CHERUKARA)

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KALPETTA NORTH P.O., WAYANADU, PIN - 673122

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3 SULTHAN BATHERY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD. NO. W-225, SULTAN BATHERY REPRESENTED BY ITS SECRETARY, PIN – 673592

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BY ADVS. P.U.SHAILAJAN, SC GP ANIMA M., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.13022/2023

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: 2 :

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JUDGMENT

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Dated this the 26^th day of Jul y, 2024

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The petitioner, who has availed three financial advances from the Sulthan Bathery Co-operative Agricultural and Rural Development Bank Limited and against whom the Bank has intiated coercive proceedings for recovery, has filed this writ petition seeking to consider Exts.P3, P5 and P7 representations and pass appropriate orders.

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Standing Counsel entered appearance on behalf of the 3^rd respondent and resisted the writ petition. The Standing Counsel pointed out that the petitioner has taken three loans, all of which are in default in repayment. The petitioner had also approached the Debt Relief Commission and the petitioner failed to adhere to the orders of the Tribunal. The petitioner is therefore not entitled to any relief. The writ petition is therefore only to be dismissed.

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The representation submitted by the petitioner is for One Time Settlement of the loan account. The Registrar

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W.P.(C) No.13022/2023

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: 3 :

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of Co-operative Societies has issued Circular No.18/2024 dated 07.06.2024 providing One Time Settlement for the loan accounts, which are in default. In view of the above, I am of the view that the petitioner's application for One Time Settlement can also be considered as per the terms of Circular No.18/2024 and in accordance with law.

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In the circumstances, the writ petition is disposed of directing the 3^rd respondent to consider the representation dated 14.06.2024 of the petitioner for One Time Settlement. The petitioner shall serve a copy of the writ petition along with the copy of this judgment and the representation dated 14.06.2024 on the 3^rd respondent. If the petitioner submits the afore documents within a period of one week, coercive proceedings against the petitioner shall stand deferred till the Bank takes a decision on the request.

Sd/-

N. NAGARESH

JUDGE

W.P.(C) No.13022/2023

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: 4 :

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APPENDIX OF WP(C) 13022/2023

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PETITIONER'S EXHIBITS:

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Exhibit P1	THE TRUE C	OPY OF THE RELEVANT PAGES OF
	LOAN AC PETITIONER	COUNT PASSBOOK OF THE ON THE YEAR 2014-15
Exhibit P2	THE TRUE ISSUED PETITIONER	COPY OF THE DEMAND NOTICE 3RD RESPONDENT TO THE DATED 11.03.2023
Exhibit P3	THE TRUE SUBMITTED RESPONDENT	COPY OF THE REPRESENTATION BY THE PETITIONER TO THE 3RD DATED 17.03.2023
Exhibit P4	THE TRUE C	OPY OF THE FORWARDING LETTER
	FROM 2ND RESPONDENT	RESPONDENT TO THE 3RD DATED 22.03.2023
Exhibit P5	THE TRUE SUBMITTED MINISTER DATED 23.0	COPY OF THE REPRESENTATION BY THE PETITIONER TO THE FOR CO-OPERATIVE DEPARTMENT 3.2023
Exhibit P6	THE TRUE YEAR 2023	COPY OF THE CIRCULAR OF THE FOR ONE TIME SETTLEMENT
	SCHEME I OPERATIVE	N THE AGRICULTURAL CO- SECTOR BANK
Exhibit P7	THE TRUE SUBMITTED AND 3RD EXHIBIT P6	COPY OF THE REPRESENTATION BY THE PETITIONER TO THE 2ND RESPONDENT ON THE BASIS OF DATED 31.03.2023
Exhibit P8	THE TRUE	COPY OF THE REPRESENTATION
	DATED 11 PETITIONER	/12/2023 SUBMITTED BY THE BEFORE THE 3RD RESPONDENT.

Kunjikkannan K v. State of Kerala

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Kunjikkannan K v. State of Kerala

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