Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 WP(C).No. 1180 of 2013 (V) --------------------------- PETITIONER : ---------- 1. KATHRINA @ SUSAN, AGED46YEARS, W/O SUNNY SEBASTIAN, THADATHIL HOUSE, KALLANODE P.O.,673615, KOORACHUNDU VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT2 SUNNY SEBASTIAN, S/O DEVASSIA, AGED51YEARS, THADATHIL HOUSE, KALLANODE P.O.- 673615 KOORACHUNDU VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS : ----------- 1. THE KOYILANDY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.2020, H.O BALUSSERY, 673612, REPRESENTED BY ITS SECRETARY2 THE SENIOR INSPECTOR/ SPECIAL SALE OFFICER, THE KOYILANDY CO- OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO D. 2020 H.O. BALUSSERY, 673612 REPRESENTED BY ITS SECRETARY R1 BY ADV. SRI.B.V.JOY SANKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 1180 of 2013 (V) APPENDIX PETITIONER'S EXHIBITS : P1: COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER OF KOORACHUNDU DT195/2012. P2: COPY OF THE WILL DEED EXECUTED BY SRI. DEVASSIA IN FAVOUR OF THE1T PETITIONER DT265/2004. P3: COPY OF THE DEATH CERTIFICATE IN RESPECT OF SRI.THADATHIL DEVASSIA DT276/2007. P4: COPY OF THE RELEVANT PAGES OF THE PASS BOOK IN RESPECT OF LOAN ACCOUNT NO. PCF4141 P5: COPY OF THE RELEVANT PAGES OF THE PASS BOOK IN RESPECT OF LOAN ACCOUNT NO. PUBG82 P6: COPY OF THE RELEVANT PAGES OF THE PASS BOOK IN RESPECT OF LOAN ACCOUNT NO.PPG27 P7: COPY OF THE RECEIPT ISSUED BY THE R1 DT216/2012. P8: COPY OF THE RECEIPT ISSUED BY THE R1 DT285/2012. P9: COPY OF THE DEMAND NOTICE ISSUED BY THE R2 DT242/2012. P10: COPY OF THE SALE NOTICE ISSUED BY THE R2 24/12/2012. P11: COPY OF THE GUIDELINES OF AGRICULTURAL DEBT WAIV ER AND DEBT RELIEF SCHEME, 2008. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JDUGE BP A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = W.P(C) No.1180 of 2013 = = = = = = = = = = = = = = = = = = Dated this the 10th day of February, 2014 JUDGMENT
Aggrieved by the action of the respondent bank to enforce the security under a loan transaction as per Exts.P9 and P10, the petitioners have come up before this Court.
2. The petitioners are the successors in interest of one Thadathil Devassia who availed three credit facilities from the 1st respondent bank in the year 2006 after offering their property as security for the said loan. As there was financial indiscipline, the respondent bank proceeded against their property and finally Exts.P9 and P10 were issued.
3. I have heard the learned counsel for the petitioners and the learned counsel for the respondents.
4. The learned counsel for the petitioners submitted that the petitioners are entitled to the benefit under Agricultural Debt Waiver and Debt Relief Scheme, 2008 and they are also entitled to One Time Settlement facility that was extended by the bank to other customers.
5. The grievance of the petitioners is that these two facilities were denied to them. It was also submitted by the learned counsel WP(C).1180/13 -:2:- for the petitioners that the petitioners have approached the bank seeking the benefits of the Scheme and the same is pending.
6. In the light of the above, this Court is of the definite view that the writ petition can be disposed of directing the respondents to consider and pass appropriate orders on the representations now pending before them. At this juncture, the learned counsel for the respondent bank submitted that it would be just and proper to direct the petitioners to file fresh application projecting all their contentions in the matter. Therefore, the writ petition is disposed of reserving the right of the petitioners to file fresh representation before the respondent bank projecting all their contentions within one month from today. In the event of filing such a representation, the 1st respondent bank shall consider the same and pass appropriate orders after affording the petitioners an opportunity of being heard. This exercise shall be completed on or before 31.3.2014. Needless to say, the existing state of affairs as on today shall continue till a final decision in taken on the representation. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj