WP(C) No.445 of 2025 1 2025:KER:28086 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO.445 OF 2025 PETITIONER: SEBASTIAN.V.MATHEW, AGED 52 YEARS, S/O.C.M.MATHEW, AGED 52 YEARS, VALIYAPARAMBIL HOUSE, CHECKIDIKAVU P.O., EDATHUA, ALAPPUZHA DISTRICT, PIN - 68957 BY ADVS. U.K.DEVIDAS S.K.SREELAKSHMY RESPONDENTS: 1 THE SPECIAL SALE OFFICER CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT, BANK, KUTTANAD, ALAPPUZHA, PIN - 688506 2 KUTTANAD CARD BANK LTD., NO.A-1153, MAMKOMBU, THEKKEKARA P.O., ALAPPUZHA. REP. BY ITS SECRETARY., PIN - 690107 BY ADV VENUGOPALA PANICKER K.N. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.445 of 2025 2 2025:KER:28086 JUDGMENT The petitioner had availed two loans from the 2nd respondent Society. The petitioner defaulted payment of installments and the Society initiated proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P3 is the sale proclamation notice. Ext.P4 is the notice issued by the 1st respondent informing the petitioner to pay the dues within 15 days, or else the property will be sold in auction. Challenging Ext.P4, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to pay the entire dues in 24 equal monthly installments. 2. A Counter Affidavit has been filed by the 2nd respondent, wherein it is stated that the petitioner had availed two loans, NFS loan and SCC loan and that there are no irregularities in the WP(C) No.445 of 2025 3 2025:KER:28086 proceedings initiated by the Society. 3. When the writ petition came up for consideration today, the learned Counsel for the Society, on instructions, submitted that, in respect of the NFS loan account, an amount of Rs.15,37,571/- is outstanding and Rs.1,87,225/- is outstanding in the SCC loan. Thus, as on 28.03.2025, a total amount of Rs.17,24,796/- is outstanding against the petitioner and that he can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner submits that, the petitioner may be permitted to pay the entire outstanding amount in 18 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.17,24,796/- in WP(C) No.445 of 2025 4 2025:KER:28086 18 equal monthly installments commencing from 15.05.2025, along with accrued interest and applicable charges. 5. If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P4 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/02/04/2025 WP(C) No.445 of 2025 5 2025:KER:28086 APPENDIX OF WP(C) 445/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASS BOOK OF THE PETITIONER Exhibit P2 TRUE COPY OF THE LETTER DATED 15.05.2024 ISSUED BY THE CONCURRENT AUDITOR TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 26.05.2024 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 11.11.2024 Exhibit P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED 27.11.2024 FROM THE ARAVIND EYE HOSPITALS, COIMBATORE