WP(C) NO. 9134 OF 2025 : 1 : 2025:KER:29384 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. 9134 OF 2025 PETITIONER: RAFEEQ A.K, AGED 52 YEARS S/O ALI ALOKKATTIL HOUSE, KANNAMKODE, ERAMANGALAM PO KOZHIKODE-, PIN - 673612 BY ADVS. SHARAN SHAHIER TREESA SHAJI RHEA SHERRY SONA BENNY ANGELINA JOY AQEEL MUHAMMED K.H. ADITHYAN C. RESPONDENTS: 1 KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO. D. 2020 H.O BALUSSERY, KOZHIKODE REPRESENTED BY BRANCH MANAGER, PIN - 673612 2 SECRETARY KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. D. 2020 H.O BALUSSERY, KOZHIKODE-, PIN - 673612 3 RECOVERY OFFICER KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. D. 2020 H.O BALUSSERY, KOZHIKODE-, PIN - 673612 WP(C) NO. 9134 OF 2025 : 2 : 2025:KER:29384 4 SPECIAL SALE OFFICER KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. D. 2020 H.O BALUSSERY, KOZHIKODE-, PIN - 673612 5 JUNIOR INSPECTOR KOYILANDY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. D. 2020 H.O BALUSSERY, KOZHIKODE-, PIN - 673612 BY ADV B.V.JOY SANKAR,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9134 OF 2025 : 3 : 2025:KER:29384 JUDGMENT The petitioner had availed four loans from the 1st respondent Society. On default of payment of installments, the Society initiated proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Exts.P10 to P13 sale notices were issued to the petitioner. The petitioner has filed this writ petition for direction to the 1st respondent to quash Exts.P10 to P13. 2. Sri.B.V.Joy Sankar, the learned counsel for the 1st respondent submits that, as on 22.03.2025, an amount of Rs.12,21,805/- is overdue in the loan account of the petitioner and the petitioner can be permitted to clear off the overdue amount in reasonable installments along with regular EMIs. WP(C) NO. 9134 OF 2025 : 4 : 2025:KER:29384 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 16 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 overdue amount of Rs.12,21,805/- with accrued interest and applicable charges in 16 equal monthly installments commencing from 05.05.2025. (2) The petitioner shall also pay the regular EMIs along with the installments. (3) If the petitioner defaults payment of any of the installments, it will be open to the respondent to proceed WP(C) NO. 9134 OF 2025 : 5 : 2025:KER:29384 against him for the recovery of amount, in accordance with law. (4) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 9134 OF 2025 : 6 : 2025:KER:29384 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TOWARDS LOAN NUMBER BHR 5167/17-18 DEMANDING AN AMOUNT OF RS. 3,39,668/- DATED 01.10.2024 UNDER SECTION 19(2) (B) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT, Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TOWARDS LOAN NUMBER BEL 3998/22-23 DEMANDING AN AMOUNT OF RS. 2,36,182/- DATED 01.10.2024 UNDER SECTION 19(2) (B) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TOWARDS LOAN NUMBER BHH 302/20-21 DEMANDING AN AMOUNT OF RS. 1,27,642/- DATED 01.10.2024 UNDER SECTION 19(2) (B) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT, Exhibit P4 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TOWARDS LOAN NUMBER BCC 453/23-24 DEMANDING AN AMOUNT OF RS. 31,621/- DATED 01.10.2024 UNDER SECTION 19(2) (B) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT, Exhibit P5 THE TRUE COPY OF THE NOTICE SENT BY THE 3RD RESPONDENT TOWARDS THE PETITIONER DATED 01.11.2024 Exhibit P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TOWARDS LOAN NUMBER BHL 5167/17-18 DEMANDING AN AMOUNT OF RS. 9,66,722/- DATED 21.12.2024 UNDER SECTION 20 RULE 8(C) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT, Exhibit P7 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TOWARDS LOAN NUMBER BEL 3998/22-23 DEMANDING AN AMOUNT OF RS. 8,82,891/- DATED WP(C) NO. 9134 OF 2025 : 7 : 2025:KER:29384 21.12.2024 UNDER SECTION 20 RULE 8(C) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT, Exhibit P8 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TOWARDS LOAN NUMBER BHH 320/20-21 DEMANDING AN AMOUNT OF RS. 3,20,742/- DATED 21.12.2024 UNDER SECTION 20 RULE 8(C) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT Exhibit P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TOWARDS LOAN NUMBER BCC 453/23-27 DEMANDING AN AMOUNT OF RS. 3,37,792/- DATED 21.12.2024 UNDER SECTION 20 RULE 8(C) OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANKS, ACT Exhibit P10 THE TRUE COPY OF THE PROCLAMATION ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER WITH MEMBER NUMBER AB 18100 UNDER LOAN NUMBER BEL 18100 IN EP NO. 367/2024-25 DATED 12.02.2025 DEMANDING AN AMOUNT OF RS. 8,97,641/- Exhibit P11 THE TRUE COPY OF THE PROCLAMATION ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER WITH MEMBER NUMBER AB 18100 UNDER LOAN NUMBER BHH 320/20-21 IN EP NO. 368/2024-25 DATED 12.02.2025 DEMANDING AN AMOUNT OF RS. 3,31,661/- Exhibit P12 THE TRUE COPY OF THE PROCLAMATION ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER WITH MEMBER NUMBER AB 18100 UNDER LOAN NUMBER BHL 5167/17- 18 IN EP NO. 369/2024-25 DATED 12.02.2025 DEMANDING AN AMOUNT OF RS. 9,83,012/- Exhibit P13 THE TRUE COPY OF THE PROCLAMATION ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER WITH MEMBER NUMBER AB 18100 UNDER LOAN NUMBER BCC 453/23-24 IN EP NO. 370/2024-25 DATED 12.02.2025 DEMANDING AN AMOUNT OF RS. 3,45,248/-