WP(C) NO. 7881 OF 2025 : 1 : 2025:KER:26633 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 7881 OF 2025 PETITIONER/S: SREEJAYAN, AGED 58 YEARS S/O. ARAYIL RAMANKUTTY, ARAYIL HOUSE, CHIRAKKAL,TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRURANGADI OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES ,(GENERAL) TIRURANGADI P.O., MALAPPURAM DISTRICT, PIN - 676306 2 NANNAMBRA SERVICE CO-OPERATIVE BANK REPRESENTED BY ITS MANAGER, NANNAMBRA P.O., KODINHI, TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676309 3 THE SPECIAL SALE OFFICER NANNAMBRA SERVICE CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRURANGADI P.O., MALAPPURAM DISTRICT, PIN - 676306 BY ADV M.SASINDRAN . R BY SR.GP SMT.MABLE C.KURIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7881 OF 2025 : 2 : 2025:KER:26633 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears due to non payment of installments. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Ext.P2 is the arbitration award. Pursuant to the award, Ext.P3 demand notice prior to attachment was issued to the petitioner. Later, Ext.P5 notice was issued to the petitioner informing him that the property would be measured and demarcated for the purpose of auction. Challenging Ext.P5, the petitioner has filed this writ petition. 2. When this writ petition came up for WP(C) NO. 7881 OF 2025 : 3 : 2025:KER:26633 consideration today, learned counsel for the Society, on instructions, submitted that, as on today (27.03.2025), an amount of Rs.9,30,547/- is outstanding in the loan account of the petitioner and he can be permitted pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 15 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.9,30,547/- along with accrued interest and applicable charges in 15 equal WP(C) NO. 7881 OF 2025 : 4 : 2025:KER:26633 monthly installments commencing from 02.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 7881 OF 2025 : 5 : 2025:KER:26633 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 11.12.2024 Exhibit P2 THE TRUE COPY OF AWARD OF THE 1ST RESPONDENT DATED 26.07.2023 Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 06.11.2024 Exhibit P4 THE TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 29.01.2025 Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 11.02.2025