2025:KER:28149 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. 8009 OF 2025 PETITIONER: VISHNU JAYACHANDRAN AGED 43 YEARS S/O JAYACHANDRAN THIRUMALAKADU (H), ALAKODE PO, KANNUR DT-, PIN – 670 571. BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH T.K.SNEHASREE RESPONDENTS: 1 THE TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, ALAKODE BRANCH, ALAKODEP.O., KANNUR DT REPRESENTED BY ITS BRANCH MANAGER, PIN – 670 571. 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 – 670 002. BY ADV M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.8009 OF 2025 : 2 : 2025:KER:28149 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated recovery steps 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 respondents to permit him to pay the dues in 20 equal monthly instalments. 2. This Court, on 28.02.2025, ordered that, if sale takes place pursuant to Ext.P1, its confirmation shall stand deferred for a period of one month. The said order was extended on 28.03.2025. 3. When the writ petition is taken up for WP(C) NO.8009 OF 2025 : 3 : 2025:KER:28149 consideration, Adv. M. Sasindran, the learned Counsel for the Society, on instructions, submitted that, as on today (02.04.2025), an amount of Rs.4,32,802/- is overdue in the loan account of the petitioner. It is further submitted that pursuant to Ext.P1, sale took place and the mortgaged property was bid in auction by the Society. However, the Society is willing to show indulgence to the petitioner by permitting him to pay the overdue amount in reasonable instalments. 4. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 10 equal monthly instalments. 5. In the facts and circumstances of the case, this writ petition is disposed of with the following WP(C) NO.8009 OF 2025 : 4 : 2025:KER:28149 directions:- a) The petitioner shall pay the overdue amount of Rs.4,32,802/- along with accrued interest and applicable charges in 10 equal monthly instalments commencing from 02.05.2025. The instalments as above shall be payable in addition to the regular EMIs. b) If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all WP(C) NO.8009 OF 2025 : 5 : 2025:KER:28149 coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.8009 OF 2025 : 6 : 2025:KER:28149 APPENDIX OF WP(C) 8009/2025 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 7.1.2025 ISSUED BY RESPONDENT NO. 2 REGARDING SALE OF PROPERTY DATED 25-02-2025. EXHIBIT P2 A TRUE COPY OF THE NOTICE SEND BY RESPONDENT NO. 1 WITH NO DATE TO THE PETITIONER AND HIS FATHER.