2025:KER:26147 WP(C) No.1180 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26 TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 1180 OF 2024 PETITIONER: WILSON.K.K AGED 52 YEARS S/O.LATE.KURIAN THOMAS, KOYIKKAL HOUSE, PALAKKAYAM.P.O, CHEENIKKAPPARA, PALAKKAD, PIN - 678591 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: 1 THE MANNARKKAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.P-934, MANNARKKAD, PALAKKAD REPRESENTED BY ITS AUTHORISED OFFICER., PIN - 678582 2 THE SPECIAL SALE OFFICER MANNARKKAD PRIMARY CO-OPERATTIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.P-934, MANNARKKAD, PIN - 678582 3 ADDL.R3 THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS’ WELFARE, VIKAS BHAVAN, THIRUVANATHAPURAM-695033. [ADDL.R3 IS IMPLEADED AS PER ORDER DATED 23/01/2024 IN I.A-1/2024 IN WP(C) 1180/2024] BY ADV P.K.VIJAYAMOHANAN SRI.V.K. SUNIL, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26147 WP(C) No.1180 of 2024 2 JUDGMENT The petitioner had availed an agricultural loan and a housing loan from the 1 st respondent Society. Due to damage of crops, the petitioner defaulted payment of instalments. The petitioner filed an application under Section 7 of the Kerala State Farmers’ Debt Relief Commission Act, 2006. The Debt Relief Commission, vide Ext.P1 order, permitted the petitioner to pay an amount of Rs.3 lakh within one year from the date of Award and out of the debt of Rs.5 lakh, the Government was directed to take over Rs.2 lakh. 2. After Ext.P1, the petitioner had availed yet another loan for an amount of Rs.2,50,000/-. It is not covered by Ext.P1 Award. The amount outstanding against the petitioner in respect of the said account is Rs.5,26,136/-. Thus a total amount of Rs.7,31,136/- is outstanding against the petitioner. The petitioner has sought for a direction to permit him to pay the amount covered by Ext.P1 Award in instalments. 3. Sri.P.K.Vijayamohanan, the learned counsel for the Society submits that the petitioner has to pay an amount of Rs.3 lakh covered by Ext.P1 in lumpsum. However, for the 2025:KER:26147 WP(C) No.1180 of 2024 3 balance amount of Rs.3,56,136/-, the petitioner can be permitted to pay the amount in reasonable instalments. 4. The learned counsel for the petitioner submits that the petitioner will pay an amount of Rs.3 lakh within six weeks from today and the balance amount may be permitted to be paid in 10 instalments. 5. In the facts and circumstances of the case, there will be a direction to the petitioner to pay an amount of Rs.3 lakh covered by Ext.P1 Award within a period of six weeks from today. The balance amount of Rs.3,56,136/- shall be paid in 10 equal monthly instalments commencing from 01.06.2025. If the petitioner defaults payment of any of the amount/instalment as directed above, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount as directed above, all coercive proceedings against him pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:26147 WP(C) No.1180 of 2024 4 APPENDIX OF WP(C) 1180/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 10.02.2022 ISSUED BY THE KERALA STATE FARMERS’ DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE REPRESENTATION ALONG WITH AD CARD DATED 13.10.2023 Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 30.12.2023 ISSUED BY THE 2ND RESPONDENT