2025:KER:26067 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 1796 OF 2025 PETITIONER: KABEER AGED 57 YEARS S/O BAPUNNI , MUSLIYAM VEETIL, THOTTATHIL PARAMBIL, VELIANCODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT, PIN – 679 579. BY ADVS. SAIJO HASSAN BAPPU GALIB SALAM RESPONDENTS: 1 SPECIAL SALE OFFICER PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMNET BANK LTD, KUTTIKKAD JN, PONNANI P.O., MALAPPURAM, PIN – 679 577. 2 PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD KUTTIKKAD JN, PONNANI P.O., MALAPPURAM-, PIN – 679 577. BY ADVS. V KRISHNA MENON J.SURYA(K/1007/2005) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.1796 OF 2025 : 2 : 2025:KER:26067 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated recovery steps under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P1 notice was issued by the 1st respondent informing the petitioner that if the dues are not cleared, the mortgaged property would be measured and demarcated for the purpose of auction. 2. The petitioner had earlier approached this Court seeking for instalments to pay off the liability by filing W.P.(C) No.11740 of 2024 and this Court, by Ext.P4 judgment, directed the petitioner to approach the Bank with appropriate representation for appropriate reliefs. WP(C) NO.1796 OF 2025 : 3 : 2025:KER:26067 3. Pursuant to Ext.P4 judgment, the petitioner by Ext.P5 representation, sought for repayment of the loan amount in 40 instalments. However, his request was rejected by Ext.R2(a) and he was permitted to pay the amount in six instalments. On failure to make payment, the Society issued Ext.P6 auction notice. Challenging Ext.P6, the petitioner has filed this writ petition. 4. A counter affidavit has been placed on record by the 2nd respondent wherein it is stated that the petitioner is a chronic defaulter and that he did not comply with the direction of the Society to pay the amount in 6 instalments. It is further stated that pursuant to Ext.P6, the property was bid in auction by WP(C) NO.1796 OF 2025 : 4 : 2025:KER:26067 the Society. However, the sale is not confirmed in view of the interim order passed by this Court on 17.01.2025. 5. Heard the learned Counsel for the petitioner and Adv. V. Krishna Menon, the learned Counsel for the 2nd respondent. 6. When the writ petition came up for consideration today, Adv. V. Krishna Menon, the learned Counsel for the Society submitted that, as on 31.01.2025, an amount of Rs.15,13,665/- is outstanding in the loan account of the petitioner. It is further submitted that though the Society is facing financial stringency, the Society is willing to show indulgence to the petitioner by permitting him to pay the outstanding amount in 6 equal monthly instalments as directed in WP(C) NO.1796 OF 2025 : 5 : 2025:KER:26067 Ext.R2(a). 7. The learned Counsel for the petitioner accepted the said suggestion. 8. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.15,13,665/- (Rupees Fifteen lakhs thirteen thousand six hundred and sixty five only) along with accrued interest and applicable charges in 6 equal monthly instalments commencing from 02.05.2025 b) If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him in accordance with law. WP(C) NO.1796 OF 2025 : 6 : 2025:KER:26067 c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.1796 OF 2025 : 7 : 2025:KER:26067 APPENDIX OF WP(C) 1796/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENTS DATED 17/09/2023. EXHIBIT P2 TRUE COPY OF THE MEDICAL REPORT DATED 06.06.2023. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 22/03/2024. EXHIBIT P4 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO.11740 /2024 DATED 31/05/2024. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 19/08/2024 FILED BY THE PETITIONER BEFORE THE RESPONDENTS. EXHIBIT P6 TRUE COPY OF THE AUCTION NOTICE IS PRODUCED DATED 26/12/2024. RESPONDENT’S EXHIBITS EXHIBIT-R2(a) A COPY OF THE LETTER DATED 2.9.2024. EXHIBIT-R2(b) A COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER AS ON 31.1.2025.