Balan Vs. the Secretary - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128464
CourtKerala High Court
Decided OnFeb-10-2014
JudgeHONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
AppellantBalan
RespondentThe Secretary
Excerpt:
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. 6193 of 2012 (y) --------------------------- petitioner(s): -------------------------- balan, aged75years, s/o.kelappan, kunnothkuzhiyil, ulliyeri p.o., koyilandy via, kozhikode district. by advs.sri.santharam.p smt.rekha aravind respondent(s): ---------------------------- 1. the secretary, koyilandy co-operative agricultural & rural development bank ltd. no.d.2020, balussery po, kozhikode-673 612.2. the senior inspector/special sale officer, koyilandy co-operative agricultural & rural development bank ltd.no.d.2020, balussery p.o., kozhikode-673 612.3. secretary, kerala state farmers debt relief commission, agriculture urban wholesale market, venpalavattom, anayara, thiruvananthapuram-695 029. r1 by adv. sri.b.v.joy sanker,sc r2 by government pleader sri.r.ranjith this writ petition (civil) having been finally heard on1002-2014, the court on the same day delivered the following: kss wpc.no.6193/2012 (y) appendix petitioner's exhibits: exhibit p1: true copy of the order dated188-2007 of the kerala state farmers debt relief commission. exhibit p2: true copy of the receipts dated189-2007 issued by the respondent bank. exhibit p3: true copies of issued by the respondent bank the receipts dated1911-2007. exhibit p4: true copy of the receipts dt.18-1-2008 issued by the respondent bank. exhibit p5: true copy of the notice dated301-2012. respondents' exhibits: n i l /true copy/ p.a.to judge kss a.v.ramakrishna pillai, j.= = = = = = = = = = = = = = = = = w.p(c) no.6193 of 2012 = = = = = = = = = = = = = = = = = = dated this the 10th day of february, 2014 judgment aggrieved by ext.p5 intimation from the respondent bank that the petitioner's property would be auctioned without further intimation is under challenge in this writ petition.2. the petitioner availed a loan from the respondent bank. as there was default in payment, the bank initiated revenue recovery proceedings. this was intercepted by the 3rd respondent commission as per ext.p1.3. the 3rd respondent commission stayed all further proceedings pursuant to the demand notice until further orders on condition of the petitioner remitting an amount of 10,000/- on or before 18.09.2007, 5,000/- on or before 18.11.2007 and 5,000/- on or before 18.01.2008.4. towards the 1st installment, the petitioner could pay only 8,000/-. however, he paid the 2nd and 3rd installments promptly. the grievance of the petitioner is that now he has received ext.p5 notice intimating that his property would be auctioned without further intimation. it is in this context, the petitioner has come up before this court. wp(c).6193/12 -:2:- 5. i have heard the learned counsel for the petitioner, the learned counsel for the respondent bank and the learned senior government pleader in the matter.6. the learned counsel for the petitioner submitted that the application of the petitioner is still pending before the 3rd respondent commission. therefore, it is highly irregular on the part of the respondent bank to proceed against the petitioner until a final decision is taken by the 3rd respondent commission in the matter. therefore, the writ petition is disposed of making it clear that the respondent shall not proceed with the action against the petitioner till a final decision is taken by the 3rd respondent commission on the application submitted by the petitioner which is now pending before them. the said representation shall be disposed of by the 3rd respondent as expeditiously as possible, preferably within a period of three months from today. sd/- a.v.ramakrishna pillai judge krj /true copy/ p.a to judge
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. 6193 of 2012 (Y) --------------------------- PETITIONER(S): -------------------------- BALAN, AGED75YEARS, S/O.KELAPPAN, KUNNOTHKUZHIYIL, ULLIYERI P.O., KOYILANDY VIA, KOZHIKODE DISTRICT. BY ADVS.SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT(S): ---------------------------- 1. THE SECRETARY, KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.D.2020, BALUSSERY PO, KOZHIKODE-673 612.

2. THE SENIOR INSPECTOR/SPECIAL SALE OFFICER, KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.D.2020, BALUSSERY P.O., KOZHIKODE-673 612.

3. SECRETARY, KERALA STATE FARMERS DEBT RELIEF COMMISSION, AGRICULTURE URBAN WHOLESALE MARKET, VENPALAVATTOM, ANAYARA, THIRUVANANTHAPURAM-695 029. R1 BY ADV. SRI.B.V.JOY SANKER,SC R2 BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6193/2012 (Y) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER

DATED188-2007 OF THE KERALA STATE FARMERS DEBT RELIEF COMMISSION. EXHIBIT P2: TRUE COPY OF THE RECEIPTS DATED189-2007 ISSUED BY THE RESPONDENT BANK. EXHIBIT P3: TRUE COPIES OF ISSUED BY THE RESPONDENT BANK THE RECEIPTS DATED1911-2007. EXHIBIT P4: TRUE COPY OF THE RECEIPTS DT.18-1-2008 ISSUED BY THE RESPONDENT BANK. EXHIBIT P5: TRUE COPY OF THE NOTICE DATED301-2012. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.6193 of 2012 = = = = = = = = = = = = = = = = = = Dated this the 10th day of February, 2014 JUDGMENT

Aggrieved by Ext.P5 intimation from the respondent bank that the petitioner's property would be auctioned without further intimation is under challenge in this writ petition.

2. The petitioner availed a loan from the respondent bank. As there was default in payment, the bank initiated revenue recovery proceedings. This was intercepted by the 3rd respondent commission as per Ext.P1.

3. The 3rd respondent commission stayed all further proceedings pursuant to the demand notice until further orders on condition of the petitioner remitting an amount of 10,000/- on or before 18.09.2007, 5,000/- on or before 18.11.2007 and 5,000/- on or before 18.01.2008.

4. Towards the 1st installment, the petitioner could pay only 8,000/-. However, he paid the 2nd and 3rd installments promptly. The grievance of the petitioner is that now he has received Ext.P5 notice intimating that his property would be auctioned without further intimation. It is in this context, the petitioner has come up before this Court. WP(C).6193/12 -:2:- 5. I have heard the learned counsel for the petitioner, the learned counsel for the respondent bank and the learned Senior Government Pleader in the matter.

6. The learned counsel for the petitioner submitted that the application of the petitioner is still pending before the 3rd respondent commission. Therefore, it is highly irregular on the part of the respondent bank to proceed against the petitioner until a final decision is taken by the 3rd respondent commission in the matter. Therefore, the writ petition is disposed of making it clear that the respondent shall not proceed with the action against the petitioner till a final decision is taken by the 3rd respondent commission on the application submitted by the petitioner which is now pending before them. The said representation shall be disposed of by the 3rd respondent as expeditiously as possible, preferably within a period of three months from today. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj /True Copy/ P.A to Judge