2025:KER:27296 WP(C) No.7934 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 7934 OF 2025 PETITIONER: JAYACHANDRAN THIRUMALAKADU AGED 74 YEARS S/O GOPALA KURUP THIRUMALAKADU (H), ALAKODE PO, KANNUR DT, PIN - 670571 BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH T.K.SNEHASREE RESPONDENTS: 1 THE TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK ALAKODE BRANCH, ALAKODE P.O., KANNUR DT REPRESENTED BY ITS BRANCH MANAGER, PIN - 670571 2 SPECIAL SALE OFFICER KANNUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK GROUP, OFFICE OF JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL), KANNUR DT, PIN - 670002 BY ADV M.SASINDRAN . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27296 WP(C) No.7934 of 2025 2 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated recovery proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P1 is the sale notice issued to the petitioner. The petitioner has filed this writ petition for a direction to the Society to permit him to clear off the dues in 20 equal monthly instalments. 2. The learned counsel for the Society submits that an amount of Rs.3,16,750/- is overdue in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner will pay the overdue amount in 12 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.3,16,750/- in 12 equal monthly instalments commencing from 25.04.2025, along with accrued interest and applicable 2025:KER:27296 WP(C) No.7934 of 2025 3 charges. The instalments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27296 WP(C) No.7934 of 2025 4 APPENDIX OF WP(C) 7934/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 7.1.2025 ISSUED BY RESPONDENT NO. 2 REGARDING SALE OF PROPERTY DATED 25-01-2025 Exhibit P2 4. A TRUE COPY OF THE NOTICE SEND BY RESPONDENT NO. 1 WITH NO DATE TO THE PETITIONER AND HIS SON