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2025 DAILYLAW 4060 (KER)

ANOOP v. THE KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T316

WP(C)/8512/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29499 WP(C) NO. 8512 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8512 OF 2025 PETITIONER: ANOOP AGED 45 YEARS S/O.SASIDHARAN, 'PUNARJANI', CHATHANPARA, THOTTAKKADU.P.O., THIRUVANANTHAPURAM., PIN - 695605 BY ADVS. LINDONS C.DAVIS E.U.DHANYA P.JAHANGEER N.S.SHAMILA CHINJU P. JOYIES RESPONDENTS: 1 THE KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T316 REPRESENTED BY ITS SECRETARY, KILIMANOOR.P.O., THIRUVANANTHAPURAM., PIN - 695601 2 ASSISTANT REGISTRAR (GENERAL) OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION, THYCAUD.P.O., THIRUVANANTHAPURAM., PIN - 695014 3 SPECIAL SALE OFFICER THE KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T316 KILIMANOOR.P.O., THIRUVANANTHAPURAM., PIN - 695601 2025:KER:29499 WP(C) NO. 8512 OF 2025 2 4 BRANCH MANAGER THE KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T316 KILIMANOOR.P.O., THIRUVANANTHAPURAM., PIN - 695601 BY ADVS. K.SIJU ANJANA KANNATH(K/939/2014) SAFNA P.S.(K/1429/2023) Smt. Mariya Jose, Sri. V.K.Sunil, Sr GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29499 WP(C) NO. 8512 OF 2025 3 JUDGMENT The petitioner had availed three loans from the 1st respondent Society. The petitioner defaulted payment of installments and the Society initiated proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P1 is the sale notice issued by the 3rd respondent. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for direction to the 1st respondent to permit the petitioner to pay the dues in easy installments. 2. The learned counsel for the 1st respondent, on instructions, submits that, an amount of Rs.19,52,000/- is outstanding in the loan accounts of the petitioner and the petitioner can be permitted to 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 18 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.19,52,000/- in 18 equal monthly 2025:KER:29499 WP(C) NO. 8512 OF 2025 4 installments commencing from 03.05.2025, along with accrued interest and payable charges. 5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of this judgment and the respondents can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:29499 WP(C) NO. 8512 OF 2025 5 AP PENDIX OF WP(C) 8512/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE NOTICE DATED 12.11.2024 ISSUED BY THE 3RD RESPONDENT REGARDING THE AUCTION AND SALE.