← Library
High Court of KeralaWP(C)/1862/2015disposed of

Babu P.M v. State Of Kerala

2015-03-31Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 1862 of 2015 (G) --------------------------- PETITIONER:

------------------- BABU P.M., AGED 60 YEARS, S/O.LATE P.MADHAVAN, RESIDING AT PUTHENVILA VEEDU, MAYYANADU P.O., MAYYANADU P.O., DHAVALAKKUZHI, KOLLAM - 691 303.

BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS:

-------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT CO-OPERATIVE DEPARTMENT, SECRETARIAT TRIVANDRUM - 695 001.

2. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) COLLECTORATE, KOLLAM - 691 001.

3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ARBITRATOR - CUM-SPECIAL SALES OFFICER KADAKKAL GROUP, KADAKKAL SERVICE CO-OPERATIVE BANK LTD.NO. 3456, KADAKKAL P.O., KOLLAM - 691 536.

4. THE KADAKKAL SERVICE CO-OPERATIVE BANK LTD NO. 3456 REPRESENTED BY THE SECRETARY, KADAKKAL P.O.

KOLLAM - 691 536.

R4 BY ADV. SRI.P.K.VIJAYAMOHANAN R4 BY ADV. SRI.NISHIL.P.S.

BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1862 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

A TRUE COPY OF NOTICE NO. NIL DATED 11/11/2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P2 :

A TRUE COPY OF THE LETTER NO. NIL DATED NIL.

EXT.P3 :

A TRUE COPY OF REPRESENTATION DATED 26/12/2014 ADDRESSED TO THE 3RD RESPONDENT.

EXT.P4 :

A TRUE COPY OF DEMAND NOTICE 23/12/2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P5 :

A TRUE COPY OF REPRESENTATION DATED 29/12/2014 FILED BEFORE THE 2ND RESPONDENT, JOINT REGISTRAR (GENERL) OF CO-OPERATIVE SOCIETIES.

EXT.P6 :

A TRUE COPY OF THE LETTER NO. S.T. 10209/2014 L.DIS DATED NIL ISSUED BY THE 3RD RESPONDENT.

EXT.P7 :

A TRUE COPY OF THE LETTER NO. S.T. 10209/2014/L.DIS. DATED 12/01/2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P8 :

A TRUE COPY OF THE RECEIPT NO. 1669908 DATED 17/06/2014 ISSUED BY THE VILLAGE OFFICER.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 1862 OF 2015 ------------------------------------ Dated this the 31st day of March, 2015

JUDGMENT

The petitioner confines his relief to easy instalments to pay the amount due to the fourth respondent bank. I permit the petitioner to pay the amount in eight equal monthly instalments starting from 30.04.2015.

2.

The coercive steps pursuant to Ext.P4 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the instalments as directed. 3.

Nothing disables the petitioner from availing the benefit of One Time Settlement Scheme if any. The petitioner is free to waive penal interest and grant maximum concession as they desire.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd