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2025 DAILYLAW 4135 (KER)

ALIYAMMA v. THE IRITTY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK,

WP(C)/8953/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 8953 OF 2025 : 1 : 2025:KER:29377 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. 8953 OF 2025 PETITIONER: ALIYAMMA, AGED 83 YEARS ALIYAMMA, W/O GEORGE (LATE), PAYITHOTTATHIL, CHARAL, AYYANKUNNU, KANNUR, PIN - 670706 BY ADVS. SHINTO THOMAS RAM VINAYAK MOHAMED ASLAM V.P. RESPONDENTS: 1 THE IRITTY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, IRITTY BRANCH, IRITTY (PO), KANNUR DISTRICT REPRESENTED BY ITS BRANCH MANAGER, PIN - 670703 2 THE SALE OFFICER THE IRITTY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, IRITTY BRANCH, IRITTY (PO), KANNUR DISTRICT, PIN - 670703 3 THE IRITTY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK RITTY BRANCH, IRITTY (PO), KANNUR DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 670703 BY ADV RAMEES P.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8953 OF 2025 : 2 : 2025:KER:29377 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated proceedings under the Kerala State Co- operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P1 is the auction notice. Challenging Ext.P1, the petitioner has filed this writ petition. She has also sought for direction to the 1st respondent to permit her to clear off the entire outstanding amount in reasonable monthly installments. 2. The learned counsel for the respondents submitted that, an amount of Rs.4,16,479/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to clear off the said amount in reasonable monthly installments. WP(C) NO. 8953 OF 2025 : 3 : 2025:KER:29377 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 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 the outstanding amount of Rs.4,16,479/- along with accrued interest and applicable charges in 18 equal monthly installments commencing from 05.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against her, for the recovery of the amount in accordance with law. WP(C) NO. 8953 OF 2025 : 4 : 2025:KER:29377 (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 8953 OF 2025 : 5 : 2025:KER:29377 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AUCTION SALE NOTICE SENT BY RESPONDENT NO. 2 TO THE PETITIONER DATED 01.02.2025