SHAILA KUMARI v. PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
WP(C)/10690/2025 · 2025-04-07
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4690 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4690 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:29900 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 10690 OF 2025 PETITIONER:
SHAILA KUMARI AGED 59 YEARS D/O. SOMALATHA, LAKSHMI BHAVAN, BLOCK NO.914, JAWAHAR COLONY, EX COLONY P.O, PALODE, THIRUVANANTHAPURAM, PIN – 695 562. BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1 PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. PALODE P.O., KARIMANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 562. 2 THE SALE OFFICER PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., PALODE P.O, KARIMANCODE, THIRUVANANTHAPURAM, PIN – 695 562. SMT. SHEEJA C.S – GP SRI. GOVIND PADMANABHAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:29900 WP(C) NO.10690 OF 2025 2 JUDGMENT The petitioner and her daughter availed three loans from the 1st respondent Society which 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 notices issued to the petitioner demanding the dues. The petitioner has filed this writ petition challenging Ext.P1 and for a direction to the respondents to permit her to pay the arrears in installments. 2. Sri.Govind Padmanabhan, the learned counsel for the Society, on instructions, submits that, an amount of Rs.4,45,500/- is overdue in the loan accounts and the petitioner can be
2025:KER:29900 WP(C) NO.10690 OF 2025 3 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 overdue amount in twelve equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.4,45,500/- in twelve equal monthly installments commencing from 07.05.2025 along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her for recovery of the amount,
2025:KER:29900 WP(C) NO.10690 OF 2025 4 in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against her pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE SPR
2025:KER:29900 WP(C) NO.10690 OF 2025 5 APPENDIX PETITIONER’
S EXHIBITS
:- EXHIBIT P1 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 25.11.2024. EXHIBIT P2 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 15.01.2025. RESPONDENT
S EXHIBITS:
- NIL.