WP(C) NO. 7420 OF 2025 : 1 : 2025:KER:28121 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. 7420 OF 2025 PETITIONER: ASWATHY V.S., AGED 38 YEARS W/O PRASANTH.G, T.C 19/2129/1, MANNAMKONATH VEEDU, MUDUVANMUGHAL, POOJAPURA P.O,THIRUVANANTHAPURAM, WORKING AS SELECTION GRADE ASSISTANT, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, PIN - 695012 BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 2 KERALA UNIVERSITY STAFF HOUSING CO-OPERATIVE SOCIETY T.1314 KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM , REPRESENTED BY ITS SECRETARY, PIN - 695033 3 THE REGISTRAR UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. N.ANAND Thomas Abraham RAJESH O.N.(K/000086/2019) WP(C) NO. 7420 OF 2025 : 2 : 2025:KER:28121 AMEER SALIM(K/1024/2020) ROY ANTONY(K/000748/2023) R BY SRI.THOMAS ABRAHAM,SC R BY SRI.V.K.SUNIL, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7420 OF 2025 : 3 : 2025:KER:28121 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears. At the time of availing the loan, the petitioner had agreed for recovering the installments from her salary under Section 37 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act'). When the petitioner committed default in payment of installments, the 3rd respondent, at the instance of the 2nd respondent took steps to recover the dues from the salary of the petitioner. The petitioner has filed this writ petition for a direction to respondents 2 and 3 to recover only reasonable amount from her salary and to grant 12 installments to clear off the entire dues. 2. The learned counsel for the 2nd respondent submitted that as on today WP(C) NO. 7420 OF 2025 : 4 : 2025:KER:28121 (02.04.2025), an amount of Rs.43,300/- is pending in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in installments. 3. The learned counsel for the petitioner submits that the take home salary of the petitioner is only Rs.6,251/- and the petitioner may be permitted to pay the amount of Rs.43,300/- in three equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.43,300/- along with accrued interest and applicable charges in 3 equal monthly installments commencing from 02.05.2025. WP(C) NO. 7420 OF 2025 : 5 : 2025:KER:28121 (2) If the petitioner defaults payment of any of the installments, it will be open to the 2nd respondent to proceed against her, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 7420 OF 2025 : 6 : 2025:KER:28121 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALARY STATEMENT OF THE PETITIONER FOR THE MONTH OF JANUARY 2025 Exhibit P2 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 13.02.2025 RESPONDENT ANNEXURES ANNEXURE R3(A) THE TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 24/08/2021 ANNEXURE R3(B) THE TRUE COPY OF THE RECOVERY STATEMENT FOR THE MONTH OF JANUARY 2025 EXHIBIT R(2) (A) TRUE COPY OF THE LOAN APPLICATION DATED 28.09.2021 PREFERRED BY PETITIONER BEFORE RESPONDENT NO. 2 EXHIBIT R(2) (B) TRUE COPY OF THE VOUCHER DATED 28.09.2021 ISSUED BY RESPONDENT NO. 2 EXHIBIT R(2) (C) TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 24.08.2021 EXECUTED BY PETITIONER IN FAVOUR OF RESPONDENT NO. 2 EXHIBIT R(2) (D) TRUE COPY OF THE LOAN APPLICATION DATED 20.10.2023 EXHIBIT R(2) (E) TRUE COPY OF THE VOUCHER DATED 20.10.2023 ISSUED BY RESPONDENT NO. 2 EXHIBIT R(2) (F) TRUE COPY OF THE LOAN APPLICATION DATED 03.06.2024 PREFERRED BY PETITIONER BEFORE RESPONDENT NO. 2 EXHIBIT R(2) TRUE COPY OF THE VOUCHER DATED 03.06.2024 WP(C) NO. 7420 OF 2025 : 7 : 2025:KER:28121 (G) ISSUED BY RESPONDENT NO. 2 EXHIBIT R(2) (H) TRUE COPY OF THE LOAN APPLICATION DATED 01.01.2024 PREFERRED BY PETITIONER BEFORE RESPONDENT NO. 2 EXHIBIT R(2) (I) TRUE COPY OF THE VOUCHER DATED 01.01.2024 SANCTIONING A HOUSING LOAN EXHIBIT R(2) (J) TRUE COPY OF THE COMMUNICATION DATED 17.02.2025 ISSUED BY RESPONDENT NO. 2 TO PETITIONER