2025:KER:28664 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. 13801 OF 2025 PETITIONER: JAYAPRAKASAN AGED 61 YEARS S/O. KUMARAN, PADIKKAPARAMBIL HOUSE, EDAPPAL, MALAPPURAM DISTRICT, PIN – 679 576. BY ADVS. V.M.KRISHNAKUMAR P.R.REENA RESPONDENTS: 1 PONNANI COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD A.398 HEAD OFFICE, PONNANI, PONNANI.P.O. MALAPPURAM REPRESENTED GENERAL MANAGER, PIN – 679 586. 2 SPECIAL SALE OFFICER ASSISTANT REGISTRAR OFFICE, COOPERATIVE SOCIETIES, PONNANI, PONNANI COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD A.398, PONNANI.P.O. MALAPPURAM, PIN – 679 586. SRI. SHOBY K.FRANCIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28664 WP(C) NO.13801 OF 2025 2 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The petitioner defaulted payment of installments and the Society initiated recovery 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. 2. When the writ petition came up for consideration today, the learned counsel for the respondents submits that an amount of Rs.23,86,287/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 2025:KER:28664 WP(C) NO.13801 OF 2025 3 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding 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 outstanding amount of Rs.23,86,287/- in twelve equal monthly installments commencing from 03.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings 2025:KER:28664 WP(C) NO.13801 OF 2025 4 against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:28664 WP(C) NO.13801 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 12.03.2025 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 25.03.2025. RESPONDENT S EXHIBITS: - NIL.