IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 14^TH DAY OF OCTOBER 2024 / 22ND ASWINA, 1946 WP(C) NO. 35468 OF 2024 PETITIONER:

BABY T MATHAI AGED 50 YEARS S/O MATHAI, THURUTHUMMEL HOUSE, CHOORIMALA, KOLAGAPPARA POST, KRISHNAGIRI VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT., PIN - 673592 BY ADVS.

NOEL EALIAS EALIAS T.P.

AKSHARA ANNA PATTIYANI RESPONDENTS:

1 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KALPETTA NORTH, WAYANAD., PIN - 673122

2 TAHSILDAR (RR)

SULTHAN BATHERY TALUK, WAYAND DISTRICT, PIN - 673592

3 VILLAGE OFFICER KRISHNAGIRI VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT., PIN - 673596

4 KERALA STATE CO-OPERATIVE BANK (KERALA BANK)

EVENING BRANCH MEENANGADI MEENANGADI POST, MEENANGADI VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, REPRESENTED BY ITS MANAGER., PIN - 673591

5 AUTHORISED OFFICER KERALA STATE CO-OPERATIVE BANK, KALPETTA BRANCH, KALPETTA NORTH, KALPETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT., PIN - 673122 SMT. ANJALI T.A R4,R5, SMT. SHEEJA C.S.,SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 14^th day of October, 2024 The petitioner, who is an Agriculturist and who has

availed a loan of ₹ 3.5 lakhs from the 4th respondent-Bank, has approached this Court seeking to quash Ext.P1 notice and to direct respondents 4 and 5 to issue Accounts Statement and all other further documents relating to the

loan as sought for in Ext.P2 representation.

2. The petitioner is aggrieved by the coercive proceedings taken by the Bank for recovery. The petitioner disputes the amount payable by the petitioner. If that be so, appropriate remedy available to the petitioner is to approach the appropriate Forum under Section 69 of the Kerala Co-

operative Societies Act, 1969.

3. Standing Counsel for the Bank would submit that the petitioner has already approached the District Consumer Forum and obtained interim order in the subject matter. In such circumstances, a writ petition is not maintainable. The writ petition is hence dismissed. However, if the petitioner makes a fresh application for Statement of Accounts, respondents 4 and 5 shall provide Statement of Accounts to the petitioner, on usual terms.

Sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 35468/2024 PETITIONER’S EXHIBITS Exhibit P1 REVENUE RECOVERY NOTICE NO.2022/4449/12 FROM THE 5TH RESPONDENT Exhibit P2 PETITIONER SUBMITTED A REPRESENTATION BEFORE THE 4TH RESPONDENT ON 01.09.2023 SEEKING TO ISSUE THE LOAN DOCUMENTS AND BANK STATEMENT OF THE RESPECTIVE LOAN ACCOUNT.

Exhibit P3 CERTIFIED COPY OF THE ORDER DATED

6.10.2023 FROM THE HON’BLE CONSUMER DISPUTE REDRESSAL COMMISSION, WAYANAD.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED

05.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT