JOSE SEBASTIAN, v. STATE OF KERALA,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE D. K. SINGH
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-01. JOSE SEBASTIAN, v. STATE OF KERALA,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ST THURSDAY, THE 1 DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 10054 OF 2024 PETITIONER/S: JOSE SEBASTIAN, AGED 60 YEARS S/O. SEBASTIAN,THALACHIRAYIL, NARIYANANI P. O, PONKUNNAM, KOTTAYAM DISTRICT, PIN - 686506 BY ADVS. T. M. ABDUL LATHEEF; VAISHNAV DEV RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE AUTHORIZED OFFICER. KERALA STATE CO-OPERATIVE BANK LTD. ,(FORMERLY DISTRICT CO- OPERATIVE BANK LTD. , KOTTAYAM),KOTTAYAM REGIONAL OFFICE, P. B. NO. 140, CENTRAL JUNCTION, KOTTAYAM, PIN - 686001 3 THE BRANCH MANAGER, KERALA BANK, PALA, KOTTAYAM DISTRICT, PIN - 686575 ANJALY T. A THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 01. 08. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No.
10054/2024 -2- J U D G M E N T The present writ petition has been filed seeking the following reliefs: “i) To call for the records relating to Exhibit Pl to P4 and to a writ of mandamus declaring that no proceedings under the SARFEASI Act can be initiated against the petitioner's property till the liability of the petitioner is considered under the Kudisikha Nivarana Scheme declared by the government based upon the claim on medical grounds; ii) To issue any writ order or direction commanding the respondent to consider Exhibit P3 and permit the petitioner to pay off only such part of liability as is determined after consideration of Exhibit P3 representation and objection before the 2nd respondent and also to give sufficient time to the petitioner to pay of the liability in installments if the amount if any ultimately determined by the 2nd respondent, put him under any further liabilities; iii) Any other reliefs may be granted as prayed at the time of argument and is deemed fit to be granted by this Hon'ble court.
” 2. Learned Counsel for the Bank very fairly submits that the petitioner is entitled to relief under the Government W. P. (C) No. 10054/2024 -3- Scheme, and if the petitioner makes an application, the Bank shall consider the application for relief under the Scheme. 3. In view of the very fair stand of the learned Counsel for the Bank, the present writ petition is disposed of with liberty to the petitioner to approach the Bank with appropriate application to seek relief under the ‘Arbitration and Execution – Special Due Diligence – One Time Settlement Scheme – 2024’. The Bank shall consider the application of the petitioner to grant him relief under the said scheme expeditiously. The petitioner should make an application within ten days from today. Till a decision on the application is taken, the Bank shall not proceed against the petitioner. Sd/- DINESH KUMAR SINGH JUDGE jjj W. P. (C) No.
10054/2024 -4- APPENDIX OF WP(C) 10054/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE WAS ISSUED TO THE PETITIONER DATED 29. 11. 2021 Exhibit P2 TRUE COPY OF NOTICE DATED 6. 11. 2023 Exhibit P3 TRUE COPY OF REQUEST BEFORE THE 2ND RESPONDENT DATED1. 3. 2024 Exhibit P4 TRUE COPY OF MEDICAL TREATMENT RECORD
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.