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2025 DAILYLAW 6181 (KER)

VELAYUDHAN v. CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.R. 1452

WP(C)/12839/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

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2025:KER:28627 WP(C) NO. 12839 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12839 OF 2025 PETITIONER: VELAYUDHAN AGED 69 YEARS S/O VELAPPAN, KANIYAMPARAMBIL HOUSE, CHEMBUCHIRA (P.O), THRISSUR, KERALA, PIN - 680684 BY ADVS. DHANESH V.MADHAVAN DEVIKA K.R. SIYAD UMMER RESPONDENT: CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.R. 1452 REPRESENTED BY THE BRANCH MANAGER, CHALAKUDY BRANCH, NEAR PRIVATE BUS STAND, THRISSUR, KERALA, PIN - 680307 BY ADV P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28627 WP(C) NO. 12839 OF 2025 2 JUDGMENT The petitioner had availed two loans from the respondent Society. He defaulted payment of installments and the Society initiated proceedings under the Kerala State Co- operative (Agricultural and Rural Development Banks) Act, 1984. Ext.P2 is the intimation given to the petitioner to the effect that the property has been bid in auction by the Society. Ext.P3 is the notice informing that, if the dues are not cleared, the property would be measured and demarcated. The petitioner has filed this writ petition for direction to the respondent to permit him to pay the entire outstanding loan amount in 24 monthly installments. 2. Sri.P.C.Sasidharan, the learned counsel for the Society, on instructions, submits that, the property was sold in auction and was bid by the Society. It is submitted that, an amount of Rs.16,80,770/- is outstanding in the loan accounts of the petitioner as on 28.03.2025 and the petitioner can be permitted to pay the said amount in reasonable installments and on discharging the entire liability, the property can be reconveyed to the petitioner. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the 2025:KER:28627 WP(C) NO. 12839 OF 2025 3 outstanding amount in 18 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.16,80,770/- in 18 equal monthly installments commencing from 03.05.2025, along with accrued interest and payable charges. 5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of this judgment and the respondent can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:28627 WP(C) NO. 12839 OF 2025 4 APPENDIX OF WP(C) 12839/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TRANSACTION DETAILS Exhibit P2 A TRUE COPY OF THE DEMAND LETTER DATED 03.02.2025 SENT BY THE RESPONDENT BANK. Exhibit P3 A TRUE COPY OF THE LETTER DATED 20.03.2025 SENT BY THE SPECIAL SALE OFFICER OF THE RESPONDENT BANK