Kerala High Court
Angamaly Urban Service Cooperative … vs The State Of Kerala on 23 February, 2026
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WP(C) No.5066/2026
2026:KER:17144
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. 5066 OF 2026
PETITIONERS:
1 ANGAMALY URBAN SERVICE COOPERATIVE BANK LTD.
NO. 1081,
MANJAPRA ROAD, ANGAMALY,REPRESENTED BY ITS
SECRETARY IN CHARGE, PIN - 683572
2 ADMINISTRATIVE COMMITTEE,
ANGAMALY URBAN SERVICE COOPERATIVE BANK LTD.
NO. 1081,MANJAPRA ROAD, ANGAMALY, REPRESENTED
BY ITS CONVENOR, PIN - 683572
BY ADVS.
SMT.KAVERY S THAMPI
SHRI.SARANGADHARAN P.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,DEPARTMENT OF
CO-OPERATION,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETY,
OFFICE OF THE REGISTRAR CO-OPERATIVE
SOCIETIES, SAHAKARANABHAVAN, DPI JUNCTION,
THYCADU P.O, THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES,FIFTH FLOOR, NEW
BLOCK, CIVIL STATION,THRIKKAKARA,
KAKKANAD,ERNAKULAM DISTRICT, PIN - 682030
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4 KERALA STATE CO-OPERATIVE BANK LTD,
[KERALA BANK], ANGAMALY BRANCH, OLD MUNICIPAL
BUILDING, ANGAMALY P.O.,ERNAKULAM DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN -
683572
5 KERALA STATE CO-OPERATIVE BANK LTD,
[KERALA BANK], ALUVA AREA / ALUVA MAIN
BRANCH,ERNAKULAM,REPRESENTED BY ITS
AUTHORIZED OFFICER, PIN - 683101
6 KERALA STATE CO-OPERATIVE BANK LTD,
[KERALA BANK]HEAD OFFICE, COBANK TOWERS,
P.B.NO.6515, VIKASBHAVAN P.O, PALAYAM,
THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM DISTRICT,REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 695033
BY ADV SMT.K.AMMINIKUTTY
SRI. IMAM GRIGORIOS KARAT, GP, SMT. K.
AMMINIKUTTY
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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JUDGMENT
(Dated this the 23rd day of February, 2026)
The petitioner, a Co-operative Society registered under
the Kerala Co-operative Societies Act, 1969, engaged in
banking activities. The 2nd petitioner is the Administrative
Committee appointed by the 3rd respondent. The bank has
availed loan from the 4th respondent after creating security
interest over the property of the 1st petitioner having an extent of
6.05 Ares comprised in Re-survey Nos.415/25/1 and 415/25/3
in Block No.11 in Angamaly Village, Aluva Taluk, Ernakulam
District.
2. The loans availed are cash credit, project loan SOC
and ordinary loan. Though there was considerable remittance
of the loan, default occurred, thereby the 4th respondent
classified the account as NPA and proceedings were initiated
against the petitioner under the SARFAESI Act. The petitioner
Society has been taking steps for recovery of the dues from the
defaulters by filing of 309 Arbitration Reference cases before
the Assistant Registrar (General) for recovery of the loan
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amount, and 33 execution proceedings are pending before the
civil court.
3. While so, the petitioner received Section 13(2)
notices, i.e., Ext.P2 series, from the 5th respondent. Thereafter
Section 13(4) notices were issued for taking symbolic
possession of the property. In such circumstances, the
petitioner submitted a detailed representation before
respondents 1 and 2 explaining the financial position and also
requesting regularisation of the loan account, waiver of interest
and penal charges as well as other fees. The said
representation is dated 31/12/2025 and was received by the 1st
and the 2nd respondents on 03/01/2026, as evidenced by
Ext.P5.
4. According to the petitioner, till date, no orders have
been passed. The limited request of the petitioner is to direct
respondents 1 and 2 to consider Ext.P4 representation within a
time frame and, till such time, all coercive proceedings may be
kept in abeyance.
5. The learned Government Pleader, on instructions,
submits that Ext.P4 cannot be considered by the respondent as
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the same does not come under the purview of Section 74F of
the Kerala Co-operative Societies Act. Since Ext.P4
representation has been pending for the last one month without
any orders, I direct the 2nd respondent to forward the same to
the 1st respondent and the first respondent shall consider the
same in accordance with law and pass appropriate orders
within a period of one month from the date of receipt of copy of
this judgment. Till such time, the SARFAESI proceedings
initiated against the petitioner by the respondents shall be kept
on hold.
6. The learned counsel for the petitioner submits that
she is not pressing prayer No.(iii). While disposing Ext.P4, an
opportunity of hearing shall also be given to the 4th respondent.
The writ petition is disposed of as above.
Sd/-
BASANT BALAJI
JUDGE
ncd
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APPENDIX OF WP(C) NO. 5066 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS NO.
JRGEKM/3123/2025-HM(1) DATED
29.11.2025
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE 5TH RESPONDENT WITH
RESPECT TO LOAN ACCOUNT NO:
139964006000016 UNDER SECTION 13(2)OF
SARFEASI ACT TO THE PETITIONERS DATED
25.08.2025
Exhibit P2(a) A TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE 5TH RESPONDENT WITH
RESPECT TO LOAN ACCOUNT NO:
139960030000016 UNDER SECTION 13(2)OF
SARFEASI ACT TO THE PETITIONERS DATED
25.08.2025
Exhibit P2(b) A TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE 5TH RESPONDENT WITH
RESPECT TO LOAN ACCOUNT NO:
139960028000052 UNDER SECTION 13(2)OF
SARFEASI ACT TO THE PETITIONERS DATED
25.08.2025
Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY
THE 5TH RESPONDENT WITH RESPECT TO
LOAN ACCOUNT NO: 139964006000016
UNDER SECTION 13(4)OF SARFEASI ACT TO
THE PETITIONERS DATED NIL AND SERVED
ON 18.12.2025
Exhibit P3(a) A TRUE COPY OF THE NOTICE ISSUED BY
THE 5TH RESPONDENT WITH RESPECT TO
LOAN ACCOUNT NO: 139960030000016
UNDER SECTION 13(4)OF SARFEASI ACT TO
THE PETITIONERS DATED NIL AND SERVED
ON 18.12.2025
Exhibit P3(b) A TRUE COPY OF THE NOTICE ISSUED BY
THE 5TH RESPONDENT WITH RESPECT TO
LOAN ACCOUNT NO: 139960028000052
UNDER SECTION 13(4)OF SARFEASI ACT TO
THE PETITIONERS DATED NIL AND SERVED
ON 18.12.2025
Exhibit P4 A TRUE COPY OF THE SAID
7WP(C) No.5066/2026
2026:KER:17144REPRESENTATION FORWARDED BY THE 2ND
PETITIONER DATED NIL AND FORWARDED ON
31.12.2025
Exhibit P5 A TRUE COPY OF THE TRACK CONSIGNMENT
WITH RESPECT TO DELIVERY OF EXT P4
WITH THE 1ST AND 2ND RESPONDENT