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2026 Supreme(Online)(Ker) 13582

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
P. SETHUMADHAVAN – Appellant
Versus
THE AUTHORIZED OFFICER/DEPUTY GENERAL MANAGER, MALAPPURAM DISTRICT CO-OPERATIVE BANK – Respondent
WP(C) NO. 5896 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.B.S.SWATHI KUMAR, SMT.ANITHA RAVINDRAN, SRI.HARISANKAR N UNNI, SMT.SAMYUKTHA NAIR
For the Respondents: SRI.GILBERT GEORGE CORREYA

A declaration for repayment under a settlement scheme must follow due process to avoid illegality.

Headnote:This judgment addresses the petitioner's request for a declaration regarding repayment entitlement under the One Time Settlement Scheme and disputes surrounding the issuance of Ext.P6. The court finds the issuance of Ext.P6 as illegal, arbitrary, and in violation of law. The primary issue framed is the legality of Ext.P6 without prior communication of the Adalat's decision (para 1). The court's ratio decidendi emphasizes adherence to proper procedure as vital for legal actions and confirms the need for prior notice (para 2). Resultantly, the writ petition is dismissed (final line).

JUDGMENT

Dated this the 23rd day of February, 2026 The relief sought is for a declaration that the petitioner is entitled to repay the outstanding arrears in his cash credit account due after deducting the benefits available to him under the One Time Settlement Scheme and that the issuance of Ext.P6 even without informing of the decision of the Adalat held as per Ext.P5 is highly illegal, arbitrary and violative of the law and rules rendering Ext.P6 as unsustainable and liable to be set aside.

When the writ petition came up for consideration on 21.2.2023, the same was adjourned by a week and when it came up for consideration on 6.3.2023, the same was adjourned by two weeks. There is no posting after the said date. In such circumstances, the writ petition stands closed.

Sd/-

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