Smt. Alekuty Poulouse and K.P. Tomy v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941** ## **WP(C).No.28007 OF 2019(A)** ## **PETITIONERS:** |**1**|**SMT.ALEKUTTY POULOSE, AGED 78 YEARS,**| |---|---| ||**W/O.LATE POULOSE, KALATHINAMATTATHIL HOUSE,**| ||**KELAKAM.P.O., KELAKAM VILLAGE, IRITTY TALUK,**| ||**KANNUR DISTRICT, PIN-670674.**| |**2**|**MR.K.P.TOMY, AGED 48 YEARS,**| ||**S/O.LATE POULOSE, KALATHINAMATTATHIL HOUSE,**| ||**KELAKM.P.O., KELAKAM VILLAGE, IRITTY TALUK,**| ||**KANNUR DISTRICT, PIN-670674.**| ||**BY ADV. SRI.P.T.ABHILASH**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DISTRICT COLLECTOR,**| ||**CIVIL STATION, COLLECTORATE ROAD,**| ||**THAVAKKARA, KANNUR, PIN-670002.**| |**3**|**THE SOUTH INDIAN BANK,**| ||**REGIONAL OFFICE, KVR TOWER, PAMPAN MADHAVAN ROAD,**| ||**TALAP, KANNUR-670002.**| |**4**|**THE AUTHORISED OFFIER,**| ||**SOUTH INDIAN BANK, PERAVOOR BRANCH, PERAVOOR,**| ||**KANNUR DISTRICT, PIN-670673.**| ||**SMT.THUSHARA JAMES, GOVT.PLEADER,**| ||**SRI.GEORGE VARGHESE, STANDING COUNSEL**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ALEXANDER THOMAS, J. ------------------------------------------W.P.(C) No. 28007 of 2019 -----------------------------------------Dated this the 13[th] day of January, 2020 ## J U D G M E N T The case projected in this Writ Petition (Civil) is as follows: The 1[st] petitioner is the mother of the 2[nd] petitioner who availed an agricultural loan from the 4[th] respondent Bank wherein the father of the 2[nd] petitioner was the guarantor. Unfortunately, huge loss was incurred in farming and the loan could not repaid in time and later the father of the 2[nd] petitioner died in February, 2018. During 2018, the deluge was affected in the village where the petitioners were residing and hence the petitioners were entitled to get exemption for repayment for agricultural loan in the light of Ext.P-5 order. However, without considering Ext.P-5 order, the 4[th] respondent Bank initiated recovery proceedings against the petitioners. The 1[st] petitioner filed Exts.P-6 & P-8 representations before the 4[th] & 2[nd] respondents respectively, but no action was taken. Hence the 1[st] petitioner filed another representation to the Minister for Agriculture as per Ext.P-9. In pursuance of Ext.P-9, the Convenor of the State Level Bankers W.P.(C) No. 28007 of 2019 **==> picture [19 x 9] intentionally omitted <==** Committee was directed to take decision in the matter as per Ext.P-11, which is still pending before the Committee. Without considering the above facts the 4[th] respondent Bank has taken action against the petitioners to attach their property. Ext.P-12 notice was issued to the petitioners by the Advocate Commission in that regard. The petitioners were ready to make payment by way of installment or one time settlement, but the petitioners required some time for the same. Hence, the 2[nd] petitioner filed Ext.P-12 representation before the 3[rd] respondent seeking the same and to stay all proceedings initiated against them. It is in the light of these averments and contentions that the petitioners have filed the instant Writ Petition (Civil) with the following prayers: “ i. _Issue a writ of mandamus or any other appropriate writ, order or directing commanding the 3[rd] respondent to consider and dispose Ext.P12 representation, forthwith;_ ii. _Issue a writ of mandamus or any other appropriate writ, order or directing commanding the 3[rd] and 4[th] respondents not to proceed the recovery proceedings against the petitioners in the light of Ext.P5 order, till the disposal decision as stated in Ext.P11, forthwith; iii. Issue a writ of certiorari to quash Ext.P 12 notice passed by the CJM, Thalassery to take possession in the schedule property owned by the petitioners, till the final disposal decision stated in Ext.P11, forthwith;_ iv. _Issue a writ of mandamus or any other appropriate writ to_ W.P.(C) No. 28007 of 2019 ..4.. _permit the petitioners to make the payment in installments or as per one time settlement scheme (OTS)._ v. _Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.”_ 2. Heard Sri.P.T.Abhilash, learned counsel appearing for the petitioners, Sri.George Varghese, learned Standing Counsel for the South Indian Bank appearing for R-3 & R-4 and Smt.Thushara James, learned Government Pleader appearing for the respondents 1 & 2. 3. Sri.P.T.Abhilash, learned counsel appearing for the petitioners would submit that Ext.P-9 petition dated 16.8.2019 submitted by the petitioners before the 1[st] respondent has been considered and that the Minister for Agriculture has issued Ext.P-10 dated 19.8.2019, whereby the Minister for Agriculture has issued Ext.P-11 dated 22.8.2019 whereby the matter has been referred to the State Level Bankers Committee (SLBC), and the petitioners have thereafter also submitted Ext.P-13 representation dated 18.10.2019 before the 3[rd] respondent, and that the matter is now pending consideration of the Bankers Committee. W.P.(C) No. 28007 of 2019 **==> picture [19 x 9] intentionally omitted <==** 4. Having regard to the facts and circumstances of the case it is ordered that the State Level Bankers Committee after affording reasonable opportunity of being heard to the petitioners and the 3[rd] respondent Bank may take a considered decision on the matters raised before the said Committee, without much delay preferably within a period of 2 to 3 weeks from the date of production of a certified copy of this judgment. The petitioners may produce a copy of this order before the State Level Bankers Committee for necessary decision in that regard. Thereafter it is for the 3[rd] respondent South Indian Bank to take appropriate decision in the matter in accordance with law. 5. Sri.George Varghese, learned Standing Counsel for the South Indian Bank appearing for R-3 & R-4, would submit that the respondent Bank is not prepared to give further time to the petitioner to enable him to clear the over dues and installments so as to regularize the loan account, and that the total outstanding dues as on 22.10.2019 is Rs.71,56,309/- and that the counsel for the petitioners would submit that the W.P.(C) No. 28007 of 2019 **==> picture [19 x 9] intentionally omitted <==** petitioners have thereafter paid an amount of Rs.3,00,000/- on 23.10.2019, and thereafter the petitioner will also be paying further amounts without any further delay. 6. The submissions on both sides are recorded. Without getting into the merits of the controversy in any manner, and solely for the purpose of preservation of subject matter of the lis, it is ordered that further coercive steps in pursuance to the impugned proceedings will be kept in abeyance by the respondent Bank for a limited period of one month from today. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG W.P.(C) No. 28007 of 2019 ..7.. ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 17.04.2017 TO THE 2ND PETITIONER** - **EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 17.04.2017 TO THE GUARANTOR, MR.POULOSE KALATHINAMATTATHIL** - **EXHIBIT P3 TRUE COPY OF THE GUARANTEE INVOCATION LETTER ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER WITH REF.NO.BR/GEN/LR.02/15-16DATED 17.04.2017** - **EXHIBIT P4 TRUE COPY OF THE POSSESSION NOTICE DATED 29.08.2017 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P5 TRUE COPY GOVERNMENT ORDER ISSUED BY THE 1STR RESPONDENT IN GO(MS)367/2018 DATED 12.10.2018** - **EXHIBIT P5(a) TRUE COPY OF THE NEWS PUBLISHED IN DAILY NEWSPAPERS IN MATHRUBHOOMI ON 26.06.2019** - **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 13.08.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT** **EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER AS PER THE ORDER OF CMP 4581/2018 IN CHIEF JUDICIAL MAGISTRATE, THALASSERY DATED 13.11.2018** **EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 16.08.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT** W.P.(C) No. 28007 of 2019 ..8.. **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 16.08.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE AGRICULTURAL MINISTER V.S.SUNIL KUMAR** **EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19.08.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS** **EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE HON'BLE MINISTER DATED 22.08.2019 TO THE 1ST PETITIONER** **EXHIBIT P12 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER AS PER THE ORDER OF CMP NO.4581/19 CHIEF JUDICIAL MAGISTRATE, THALASSERY DATED 15.10.2019** **EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 18.10.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT**