IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WA.No. 1831 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21170/2009 .................... APPELLANT(S): PETITIONE IN WPC ------------------------------ VIJAYAKUMARI, W/O. RAGHAVAN, PARAKKAL HOUSE, VELLOOR KARA AND POST, PAMPADY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): RESPONDENTS IN WPC --------------------------------- 1. THE VAZHOOR FARMER'S SERVICE CO-OP. BANK LTD.NO.2278, VAZHOOR, KOTTAYAM, REP.BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHANGANASSERY. 3. THE SPECIAL SALE OFFICER, KANGAZHA SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHANGANASSERY. 4. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. 5. SHAMJI KUMAR, S/O. LATE BHASKARAN, KOLLAMPARAMBIL HOUSE, VAZHOOR KARA AND POST, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. ADV. SRI.A.K.ALEX FOR R5 SRI.RAJEEV V.KURUP FOR R1 SPL.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010 ALONG WITH WPC NO. 7920 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.A.No.1831 OF 2009 & W.P.(C)No.7920 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT Basheer, J. When these two cases are taken up for consideration, it is revealed from the statement filed by respondent No.1, that the dispute now boils down to the question whether or not the writ petitioner is bound to pay a further sum of Rs. 15,000/- over and above Rs. 4,86,822/-, which is admittedly paid by her. While the petitioner places heavy reliance on Ext.P7 communication received from the Managing Director of respondent No.1 bank informing her that the loan account could be closed, if she remits a sum of Rs.4,86,822/- in full and final settlement, learned counsel for the bank insists that the petitioner has to pay a further sum of Rs. 15,000/- to enable the bank to close the loan account. 2. Having heard learned counsel for the parties and having perused the materials available on record, we are of the view that a quietus has to be given to this issue, which has led to a spate of WA.No.1831/09& WPC.No.7920/2010 2 litigations, not only before this court, but before the Co-operative Tribunal also. To a query made by us as to whether the Bank would settle the matter, if the petitioner pays a sum of Rs. 5,000/- towards the alleged dues, the Bank has very gracefully agreed. Learned counsel for the petitioner has also agreed to the above suggestion. Therefore, respondent No.1 is directed to receive Rs. 5,000/- from the petitioner and close the loan account recording full satisfaction. The above sum of Rs. 5000/- shall be paid by the petitioner within one week from today. Respondent No.1 shall peremptorily release all the title deeds produced by the petitioner at the time of availing of the loan within one week from the date of receipt of the money. Writ petition and Writ Appeal are disposed of with the above directions. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. The words and figure in “W.A.1831/2009” are inserted after the WA.No.1831/09& WPC.No.7920/2010 3 words “respondent No.1” and before the word “is” in line 1 and also after the words “Respondent No.1” and before the word “ shall” in line 4 of the last paragraph of judgment dated 15/06/2010 in W.P.(C) 7920/2010 and W.A. 1831/2009 as per order dated 10/08/2010 in I.A.10788/2010 in W.P.(C) 7920/2010. Sd/- Registrar ( Judicial) WA.No.1831/09& WPC.No.7920/2010 4