2025:KER:28805 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. 28403 OF 2024 PETITIONERS: 1 SUBER.E.S AGED 59 YEARS S/O SAYED MOHAMMED, ELLICKAL HOUSE, KUMILY.P.O, KUMILY, IDUKKI DISTRICT, PIN – 685 509. 2 RAMLA BEEVI AGED 54 YEARS W/O SUBER.E.S, ELLICKAL.HOUSE, KUMILY.P.O, KUMILY, IDUKKI DISTRICT, PIN - 685509 BY ADVS. V.K.DINESH KUMAR SANEL CHERIAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PAINAVU.P.O, IDUKKI, KERALA, PIN – 685 603. 3 THE SECRETARY WP(C) NO.28403 OF 2024 : 2 : 2025:KER:28805 PEERUMEDU CO OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.I.273, ELAPPARA.P.O, ELAPPARA, PEERUMEDU, IDUKKI DISTRICT, PIN - 685603 BY ADV. THOMAS ABRAHAM, STANDING COUNSEL MABLE C KURIAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.28403 OF 2024 : 3 : 2025:KER:28805 JUDGMENT The petitioners had availed loan from the Peerumedu Co-operative Agricultural & Rural Development Bank, Elappara. On default of payment of instalments, recovery proceedings were initiated against them under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Exts.P12 and P13 demand notices. Challenging Exts.P12 and P13, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the 3rd respondent to grant them time to clear off the liabilities. 2. This Court, by order dated 09.08.2024, stayed further proceedings pursuant to Exts.P12 and P13 for a period of one month on condition that the petitioners WP(C) NO.28403 OF 2024 : 4 : 2025:KER:28805 remit an amount of Rs.5 lakhs within one month. The said order was being extended from time to time. 3. When the writ petition is taken up for consideration, Adv. Thomas Abraham, the learned Standing Counsel for the 3rd respondent, on instructions, submits that, as on today (03.04.2025), an amount of Rs.31,87,431/- is overdue in the loan account and the petitioners can be permitted to pay the said amount in reasonable instalments. 4. The learned Counsel for the petitioners submits that the petitioners are in financial constraints and they may be permitted to pay the overdue amount in 18 equal monthly instalments. 5. In the facts and circumstances of the case, this WP(C) NO.28403 OF 2024 : 5 : 2025:KER:28805 writ petition is disposed of with the following directions:- a) The petitioners shall pay the overdue amount of Rs.31,87,431/- along with accrued interest and applicable charges in 18 equal monthly instalments commencing from 03.05.2025. The instalments as above shall be payable in addition to the regular EMIs. b) If the petitioners default payment of any of the instalments, it will be open to the 3rd respondent to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, all WP(C) NO.28403 OF 2024 : 6 : 2025:KER:28805 coercive proceedings against the petitioners shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.28403 OF 2024 : 7 : 2025:KER:28805 APPENDIX OF WP(C) 28403/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CASH RECEIPT DATED 01.08.2018. EXHIBIT P2 TRUE COPY OF THE CASH RECEIPT DATED 31.03.2021 OF RS.74,989. EXHIBIT P3 TRUE COPY OF THE CASH RECEIPT DATED 31.03.2021 OF RS.65,649/. EXHIBIT P4 TRUE COPY OF THE CASH RECEIPT DATED 31.03.2021 OF RS.9362. EXHIBIT P5 TRUE COPY OF THE CASH RECEIPT DATED 18.02.2022 OF RS.1,00,000/-. EXHIBIT P6 TRUE COPY OF CASH RECEIPT DATED 31.01.2023 OF RS.1,41,342/-. EXHIBIT P7 TRUE COPY OF CASH RECEIPT DATED 31.01.2023 OF RS.58,658/-. EXHIBIT P8 TRUE COPY OF THE CASH RECEIPT DATED 31.03.2023 OF RS.1,86,000. EXHIBIT P9 TRUE COPY OF THE CASH RECEIPT DATED 31.03.2023 OF 14,000/-. EXHIBIT P10 TRUE COPY OF THE CASH RECEIPT HAVING REMITTED RS.1,00,000/- DATED 07.03.2024. EXHIBIT P11 TRUE COPY OF THE REGISTERED NOTICE DATED 22.05.2024 ALONG WITH TYPED COPY. EXHIBIT P12 TRUE COPIES OF DEMAND NOTICE DATED 05.06.2024 ISSUED TO THE PETITIONERS. EXHIBIT P13 TRUE COPIES OF DEMAND NOTICE DATED 05.06.2024 ISSUED TO THE PETITIONERS.