2025:KER:28772 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 2662 OF 2025 PETITIONER: LAKSHMIKUTTY AGED 64 YEARS W/O SWAMINATHAN, THAZHATHPURAKKAL HOUSE, AYYANTHOLE P.O, THRISSUR, PIN – 680 003. BY ADVS. K.I.SAGEER MUHAMMED YASIL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 SPECIAL SALE OFFICER AYYANTHOLE SCB LIMITED NO.494, OFFICE OF ASSISTANT REGISTRAR (GENERAL), SAHAKARANA BHAVAN, AYYANTHOLE, THRISSUR, PIN – 680 003. 3 SECRETARY AYYANTHOLE SERVICE CO-OPERATIVE BANK LIMITED NO.494, AYYANTHOLE, THRISSUR, PIN – 680 003. BY ADVS. SUDEEP ARAVIND PANICKER A.S.DILEEP(K/655/1987) P.BINOD(K/647/1987) WP(C) NO.2662 OF 2025 : 2 : 2025:KER:28772 K.Y.SUDHEENDRAN(K/000625/1987) SUSEELA DILEEP(K/816/1994) K.N.HARISHANKAR(K/001647/2023) V.K. SUNIL, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.2662 OF 2025 : 3 : 2025:KER:28772 JUDGMENT The loan availed by the petitioner from the Ayyanthole Service Co-operative Bank Limited fell in arrears. Arbitration proceedings were initiated against the petitioner under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P1 sale notice was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for direction to respondents 2 and 3 to permit her to clear the dues in 30 equal monthly instalments. 2. This Court, by order dated 22.01.2025, stayed further proceedings pursuant to Ext.P1 for a period of one month. 3. When the writ petition is taken up for WP(C) NO.2662 OF 2025 : 4 : 2025:KER:28772 consideration, the learned Counsel for respondents 2 and 3, submitted that, as on today (03.04.2025), an amount of Rs.26,96,733/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 4. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments. 5. 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.26,96,733/- along with accrued interest and applicable charges in 18 equal monthly instalments commencing from 03.05.2025. WP(C) NO.2662 OF 2025 : 5 : 2025:KER:28772 b) If the petitioner defaults payment of any of the instalments, it will be open to respondents 2 and 3 to proceed against her in accordance with law. 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.2662 OF 2025 : 6 : 2025:KER:28772 APPENDIX OF WP(C) 2662/2025 PETITIONER’S EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE SALE NOTICE DATED 04.10.2024 ISSUED BY THE 2ND RESPONDENT