Kerala High Court
Bijith vs The Authorized Officer on 23 February, 2026
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WP(C) No.4016/2026
2026:KER:17140
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY,THE 23RD DAY OF FEBRUARY 2026/4TH PHALGUNA, 1947
WP(C) NO. 4016 OF 2026
PETITIONER:
BIJITH, AGED 26 YEARS
S/O.BALAKRISHNAN,OLAVATHURKUNNU,KRISHNAGIRI,S
ULTHAN BATHERY,WAYANAD, PIN - 676528
BY ADV SRI.M.R.SASITH
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
CANARA BANK,MUTTIL NORTH BRANCH,MAHAVIR
COMPLEX, NEAR PANCHAYAT OFFICE,MUTTIL
NORTH,WAYANAD, PIN - 673122
2 CANARA BANK, CANARA BANK,MUTTIL NORTH
BRANCH,MAHAVIR COMPLEX, NEAR PANCHAYAT
OFFICE,MUTTIL NORTH, WAYANAD,REPRESENTED BY
ITS AUTHORIZED OFFICER, PIN - 673122
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.AKHILA NAMBIAR
SRI. M. GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.4016/2026
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JUDGMENT
(Dated this the 23rd day of February, 2026)
The petitioner availed a housing loan of Rs.10 lakhs from
the 2nd respondent bank in the year 2024. Due to non-
repayment of the loan amount, the respondent initiated
proceedings under the SARFAESI Act, 2002, by issuing Ext.P1
notice dated 30.12.2025. Aggrieved by the same, the petitioner
filed this writ petition.
2. The learned Standing Counsel for the Bank, on
instructions, submits that the overdue amount as on date is
Rs.56,911/-. The Bank has no objection in regularizing the loan
account.
3. Having heard the learned counsel on both sides,
and taking note of the fact that the Bank is proposing to take
physical possession of the property and since the Bank has no
objection in regularizing the loan account, I deem it appropriate
to dispose of this writ petition with the following directions:
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WP(C) No.4016/2026
2026:KER:17140
a) The petitioner shall remit the overdue amount of
Rs.56,911/- (Rupees fifty six thousand nine hundred
and eleven only) together with any accrued interest,
cost and allied charges, in two (2) equated monthly
installments, the first instalment on or before 04.03.2026
and the second instalment on 04.04.2026.
b) The petitioner shall continue to pay the regular
EMIs/installments along with the installments as
directed above.
c) In the event of default of any one installment, the
respondent Bank shall be entitled to proceed for
recovery, in accordance with law.
d) All coercive proceedings shall be kept in abeyance to
enable the petitioner to repay the entire amount as
directed above.
Sd/-
BASANT BALAJI
JUDGE
ncd
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WP(C) No.4016/2026
2026:KER:17140
APPENDIX OF WP(C) NO. 4016 OF 2026
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE SAID DEMAND NOTICE
DATED 30/12/2025