WP(C) NO. 8467 OF 2025 : 1 : 2025:KER:29379 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8467 OF 2025 PETITIONER: BIJU MATHEW, AGED 46 YEARS S/O MATHEW, VARIKKAMAKKIL HOUSE, THOONGAL, PADIMARUTH, KASARGODE DISTRICT, PIN - 671531 BY ADVS. K.S.ARUN KUMAR RAJI T.BHASKAR AMRUTHA P S AMRUTHA K P VIJAY SANKAR V.H. JERIN JOSEPH AMRUTHA P.S. DEVARAJ SUBRAMANIAN LAKSHMI T.R. ASWATHY B. KRISHNA RESPONDENTS: THE VELLARIKKUNDU PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD REPRESENTED BY ITS SECRETARY, BEEMANADY PO, KASARAGOD DISTRICT, PIN - 671314 BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR(K/2535/1999) VANDANA MENON(K/153/2007) VIMAL VIJAY(K/000214/2018) R BY SRI.JAYESH MOHAN KUMAR WP(C) NO. 8467 OF 2025 : 2 : 2025:KER:29379 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8467 OF 2025 : 3 : 2025:KER:29379 JUDGMENT The loan availed by the petitioner from the respondent Society fell in arrears. The Society initiated proceedings under the Kerala State Co- operative (Agricultural and Rural Development) Banks Act, 1984. Exts.P1 and P2 are the demand notices issued to the petitioner. The petitioner has filed this writ petition to permit the petitioner to clear off the dues in 25 equal monthly installments. 2. Sri.Jayesh Mohan, learned counsel for the Society, on instructions, submits that, an amount of Rs.16,10,105/- is outstanding in the loan account of the petitioner. It is also submitted that the petitioner is a chronic defaulter and the petitioner may be directed to pay some substantial amount on WP(C) NO. 8467 OF 2025 : 4 : 2025:KER:29379 or before 31.05.2025. 3. The learned counsel for the petitioner submits that the petitioner will pay an amount of Rs.3,00,000/- on or before 31.05.2025 and the balance amount may be permitted to pay in 12 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 an amount of Rs.3,00,000/- on or before 31.05.2025 and the balance amount along with accrued interest and applicable charges in 12 equal monthly installments commencing from 01.07.2025. (2) If the petitioner defaults WP(C) NO. 8467 OF 2025 : 5 : 2025:KER:29379 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. 8467 OF 2025 : 6 : 2025:KER:29379 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER’S MOTHER Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED IN RESPECT OF THE LOAN AVAILED BY THE PETITIONER, DATED 11.12.2024 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE ISSUED IN RESPECT OF THE LOAN AVAILED BY THE MOTHER OF THE PETITIONER, DATED 11.12.2024