2025:KER:27516 WP(C) No.8837 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1 ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 8837 OF 2025 PETITIONER: AMRUTHA P.K. AGED 37 YEARS D/O SANTHI PAYYANNUR HOUSE, MANAKODI PO, THRISSUR, PIN - 680012 BY ADVS. P.SIVARAJ M.MEHAR FARSANA RESPONDENTS: 1 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES AYYANTHOLE, THRISSUR, PIN - 680003 2 AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD NO.494, AYYANTHOLE, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 680003 3 MANAGING DIRECTOR AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD NO.494, AYYANTHOLE, THRISSUR, PIN - 680003 4 SPECIAL SALE OFFICER, AYYANTHOLE SCB LTD., NO.494, ASST. REGISTER (G) OFFICE, SAHAKARANA BHAVAN, AYYANTHOLE, THRISSUR-, PIN - 680003 BY ADVS. SUDEEP ARAVIND PANICKER 2025:KER:27516 WP(C) No.8837 of 2025 2 A.S.DILEEP(K/655/1987) P.BINOD(K/647/1987) K.Y.SUDHEENDRAN(K/000625/1987) SUSEELA DILEEP(K/816/1994) K.N.HARISHANKAR(K/001647/2023) SMT.RESMI THOMAS, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27516 WP(C) No.8837 of 2025 3 JUDGMENT The loan availed by the petitioner from the 2 nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P2 notice was issued to the petitioner informing that her property would be measured and demarcated for the purpose of auction. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Society to permit her to pay off the amount due in instalments. 2. Sri.Sudeep Aravind Panicker, the learned counsel for the Society, on instructions, submits that as on today an amount of Rs.13,10,189/- is outstanding in the loan account of the petitioner and she can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 15 equal monthly instalments. 4. In the facts and circumstances of the case, there will 2025:KER:27516 WP(C) No.8837 of 2025 4 be a direction to the petitioner to pay the outstanding amount in 15 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her 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 her pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27516 WP(C) No.8837 of 2025 5 APPENDIX OF WP(C) 8837/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER SENT BY THE ASSISTANT DIRECTOR/CONCURRENT AUDITOR OF 2ND RESPONDENT BANK DATED NIL Exhibit P2 A TRUE COPY OF THE NOTICE EP NO.1872/18 DATED 06.01.2024 ISSUED BY THE 4TH RESPONDENT SPECIAL SALE OFFICER TO THE PETITIONER