2025:KER:29608 WP(C) No.33314 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4 TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 33314 OF 2024 PETITIONER/PETITIONER: RADHAKRISHNAN AGED 48 YEARS S/O KUTTAN, MUNDAN CHERRIPPADI, 16TH MILE, AZHIYANNOR SCHOOL, AZHIYANOOR P.O, PALAKKAD-, PIN - 678633 BY ADV RESHMA T. RESPONDENTS/RESPONDENTS: 1 SREEKRISHNAPURAM BLOCK BHAVANA NIRMANA SAHAKARANA SANGAM LTD. NO. 814, SREE KRISHNA PURAM P.O, PALAKKAD- REPRESENTED BY ITS SENIOR MANAGER, PIN - 679513 2 THE SECRETARY, SREEKRISHNAPURAM BLOCK BHAVANA NIRMANA SAHAKARANA SANGAM LTD. NO. 814, SREE KRISHNA PURAM P.O, PALAKKAD-, PIN - 679513 BY ADVS. SHAMEENA SALAHUDHEEN, SC. B.RAVISANKAR(K/003446/2023) ASTRID STEREENA MATHEW(K/001387/2023) SWATHY MENON(K/001364/2024) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29608 WP(C) No.33314 of 2024 2 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Arbitration Award, recovery steps were initiated. The petitioner has filed writ petition challenging Ext.P1 auction notice. The petitioner has also sought for a direction to the Society to permit him to clear off the liability in equal monthly instalments. 2. Smt.Shameena Salahudeen, the learned Standing Counsel for the Society, on instructions, submits that an amount of Rs.5,94,000/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount 2025:KER:29608 WP(C) No.33314 of 2024 3 of Rs.5,94,000/-in 18 equal monthly instalments commencing from 05.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, 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 instalments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29608 WP(C) No.33314 of 2024 4 APPENDIX OF WP(C) 33314/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PUBLIC AUCTION NOTICE ISSUED FROM THE HON’BLE MUNSIFF COURT OTTAPALAM DATED 01.08.2024 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION MOVED TO THE REGISTRAR OF CO OPERATIVE SOCIETIES’ THROUGH NATIONAL COMMISSION OF FOR SCHEDULED CASTE STATE OFFICE DATED 09.09.2024