WP(C) NO. 4290 OF 2025 1 2025:KER:30092 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 4290 OF 2025 PETITIONER/S: 1 MINI V R AGED 50 YEARS W/O. BIJU KUNNATHUVALAPPIL, AVINISSERY P O, THRISSUR –, PIN - 680306 2 YADHUKRISHNAN K S AGED 29 YEARS S/O. K K SANTHOSH KOKKADAN HOUSE, AVINISSERY P O, THRISSUR –, PIN - 680306 3 HAREESH AGED 35 YEARS S/O. MANOHARAN PORATHALA HOUSE, AVINISSERY P O, THRISSUR –, PIN - 680306 BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH ATHIRA A.MENON HARISANKAR.K.V. RESPONDENT/S: 1 AVINISSERY SERVICE CO-OPERATIVE BANK LTD. NO. 400,HEAD OFFICE, AVINISSERY P O, THRISSUR - REP.BY ITS SECRETARY, PIN - 680306 2 THE SPECIAL SALE OFFICER, AVINISSERY SERVICE CO-OPERATIVE BANK LTD. NO. 400 ASSISTANT REGISTRAR OFFICE (GENERAL), AYYANTHOLE, THRISSUR -, PIN - 680003 WP(C) NO. 4290 OF 2025 2 2025:KER:30092 BY ADVS. ANIL KUMAR C A.K.PREETHA(K/000363/1997) DEVIKA MOHAN(K/1257/2021) RESHMA R.KRISHNAN(K/001493/2021) SRI.V.K.SUNIL (SR.GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4290 OF 2025 3 2025:KER:30092 JUDGMENT The 1st petitioner availed a loan from the 1st respondent society. The society initiated recovery proceedings. Ext.P3 is the award passed by the 2nd respondent. Ext.P5 is the attachment notice. The petitioners have filed this writ peittion for direction to the respondents to grant instalmentment facilty to pay off the dues. 2. It is submitted by the learned counsel for the Society that the 1st petitioner has sold the mortgaged property to petitioners 2 and 3 without informing the Society. 3. The learned counsel for the petitioners submits that the 1st petitioner will approach the Society with appropriate application for the benefit of one time settlement. Alternatively, the 1st petitioner will also make an application for instalment facility. It is also submitted that, if such an application is made, the same may be directed to be considered by the Society, in accordance with law. 4. Considering the facts and circumstances of the case, there will be a direction to the 1st petitioner to make appropriate application before the society for appropriate reliefs, within one week from today. On receipt of such application, the competent authority of the 1st respondent shall WP(C) NO. 4290 OF 2025 4 2025:KER:30092 consider the same and pass appropriate orders and communicate the same to the 1st petitioner on or before 25.04.2025. Till orders are passed and communicated to the 1st petitioner, there shall not be any coercive proceedings against the petitioners pursuant to Ext.P5. If no application as aforesaid is filed, it will be open to the society to proceed against the petitioners, in accordance with law. The writ petition is disposed of accordingly. sd/ MURALI PURUSHOTHAMAN JUDGE jm/ WP(C) NO. 4290 OF 2025 5 2025:KER:30092 APPENDIX OF WP(C) 4290/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PATIENT IDENTIFICATION CARD ISSUED TO THE 1ST PETITIONER UPON IMPLANTING CARDIAC PACEMAKER ON 11.02.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER IN RESPECT OF LOAN NO. HL330 Exhibit P3 TRUE COPY OF AWARD DATED 30.12.2022 IN FILE NO. 10632/2022 PASSED BY INSPECTOR OF CO-OPERATIVE SOCIETIES, OLLUR UNIT, THRISSUR Exhibit P4 TRUE COPY OF DOCUMENT NO. 1540/2024 OF AYYANTHOLE SRO DATED 26.06.2024 Exhibit P5 TRUE COPY OF NOTICE OF ATTACHMENT DATED 27.02.2024 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER