LAWS(KER)-2018-3-892

KARTHIKEYAN.P Vs. JOINT REGISTRAR OF CO-OPERATIVE

Decided On March 06, 2018
Karthikeyan.P Appellant
V/S
JOINT REGISTRAR OF CO-OPERATIVE Respondents

JUDGEMENT

(1.) The petitioner, who availed a loan from the 2 nd respondent Bank along with this wife, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a declaration that he is entitled to sell that portion of the property necessary to discharge the liability to the 2nd respondent and that, he should be permitted to do so. The petitioner has also sought for a declaration that, he is entitled to get the entire penal interest waived and for maximum reduction in the interest and that, the 2nd respondent has to recalculate the entire liability; a writ of certiorari to quash Ext.P5 notice dated 08.11.2017 issued by the 3rd respondent; and a writ of mandamus commanding the 2nd respondent to waive the penal interest and grant maximum reduction of interest in respect of the loan account in terms of the direction in Ext.P6 communication dated 04.12.2017 of the 1 st respondent Joint Registrar addressed to the 4th respondent Assistant Registrar.

(2.) On 16.01.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 and 4. This Court issued urgent notice on admission by speed post to respondents 2 and 3 returnable within three weeks.

(3.) A counter affidavit has been filed on behalf of the 2 nd respondent opposing the reliefs sought for in this writ petition.