2025:KER:30682 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 36886 OF 2024 PETITIONERS: 1 SANTHAKUMARY AGED 73 YEARS W/O. CHANDRASHEKHARAN NAIR KIZHAKKE VADAYAZHATHU, EDAVATTOM, KULASHEKHARAMANGALAM VILLAGE, VAIKKOM THALUK, KOTTAYAM DISTRICT, PIN – 686 605. 2 ANEESH AGED 42 YEARS S/O. SANTHAKUMARY KIZHAKKE VADAYAZHATHU, EDAVATTOM, KULASHEKHARAMANGALAM VILLAGE, VAIKKOM THALUK, KOTTAYAM DISTRICT, PIN – 686 605. BY ADVS. R.SURAJ KUMAR SUNIL J.CHAKKALACKAL SUNITHA G. N.G.SINDHU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE ASSISTANT REGISTRAR (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR FOR CO-OPERATIVE SOCIETIES, VAIKKOM, KOTTAYAM DISTRICT PIN – 680 307. 2025:KER:30682 WP(C) NO.36886 OF 2024 2 3 VAIKKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD K-45 REPRESENTED BY ITS SECRETARY, MIDUKKI ENTERPRISES BUILDING, KACHERIPPADY, VAIKKOM, KOTTAYAM DISTRICT, PIN – 686 141. 4 THE SPECIAL SALE OFFICER VAIKKOM TALUK CO-OPERATIVE, AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. K-45, MIDUKKI ENTERPRISES BUILDING, KACHERIPPADY, VAIKKOM, KOTTAYAM DISTRICT, PIN – 686 141. SRI. K.C.VINCENT SRI. V.K.SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30682 WP(C) NO.36886 OF 2024 3 JUDGMENT The loan availed by the petitioners from the 3rd respondent Society fell in arrears. The Society initiated proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks Act), 1984. Ext.P1 is the sale notice issued to the petitioners. Challenging Ext.P1, the petitioners have filed this writ petition. Though the petitioners sought for time to approach the Society for the benefit of One Time Settlement (OTS) Scheme, the petitioners did not avail the benefit of OTS Scheme. 2. Sri.K.C.Vincent, the learned counsel for 2025:KER:30682 WP(C) NO.36886 OF 2024 4 the Society submits that, as on 18.11.2024, an amount of Rs.11,89,060/- is outstanding in the loan account and the petitioner can be permitted to pay the said amount along with accrued interest and applicable charges in reasonable installments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in eighteen equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.11,89,060/- in eighteen equal monthly installments commencing from 15.05.2025 along with accrued interest and applicable charges. If the 2025:KER:30682 WP(C) NO.36886 OF 2024 5 petitioners default payment of any of the installments, it will be open to the Society to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in installments as above, all coercive proceedings against them pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:30682 WP(C) NO.36886 OF 2024 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE OF THE SALE DATED 23.08.2024 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 09.10.2024 SENT BY THE ADVOCATE FOR THE PETITIONERS TO THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 30.11.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT S EXHIBITS: - EXHIBIT R3 (a) A TRUE COPY OF THE LOAN LEDGER IN RELATION TO THE PETITIONERS AS ON 05.11.2024