WP(C) NO.45721 OF 2024 1 2025:KER:26151 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO.45721 OF 2024 PETITIONERS: 1 AVVAMMA AGED 68 YEARS W/O.ABDULLA, RESIDING AT KORIKKAR HOUSE, BADIADKA, PALLATHADKA P.O., KASARAGOD DISTRICT, PIN - 671551 2 ABDULLA AGED 76 YEARS S/O.MAMMU, RESIDING AT KORIKKAR HOUSE, BADIADKA, PALLATHADKA P.O., KASARAGOD DISTRICT, PIN - 671551 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON AISWARYA JAYAPAL ALEENA JOSE KARTHIK KRISHNA M. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 WP(C) NO.45721 OF 2024 2 2025:KER:26151 3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 4 THE SPECIAL SALE OFFICER KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.FF113, KASARAGOD DISTRICT, PIN - 671121 5 THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.FF113, KASARAGOD DISTRICT , REPRESENTED BY ITS SECRETARY, PIN - 671121 BY ADV PUSHPARAJAN KODOTH MABLE C.KURIAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.45721 OF 2024 3 2025:KER:26151 JUDGMENT The loans availed by the 1st petitioner from the 5th respondent Society fell in arrears. The Society initiated recovery proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984. Pursuant to the award, Ext.P3 notice was issued to the petitioners by the 4th respondent. Challenging Ext.P3, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the 5th respondent to permit them to pay the amount covered by Ext.P3 in 15 equal monthly installments. 2. The learned Counsel for the Society, on instructions, submits that, as on today [25.03.2025], an amount of Rs.8,31,808/- is overdue in the loan account and the petitioners can be permitted to pay the said amount in WP(C) NO.45721 OF 2024 4 2025:KER:26151 reasonable installments. 3. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the overdue amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the overdue amount of Rs.8,31,808/- in 15 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. 5. If the 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 WP(C) NO.45721 OF 2024 5 2025:KER:26151 as above, all coercive proceedings against them pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/26/03/2025 WP(C) NO.45721 OF 2024 6 2025:KER:26151 APPENDIX OF WP(C) 45721/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PORTION OF THE LOAN PASSBOOK ACCOUNT OF THE FIRST PETITIONER IN RESPECT OF LOAN OF RS.2,50,000/- Exhibit P2 THE TRUE COPY OF THE RELEVANT PORTION OF THE LOAN PASSBOOK ACCOUNT OF THE FIRST PETITIONER IN RESPECT OF LOAN OF RS.5,00,000/- Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 15/11/2024 ISSUED BY THE FOURTH RESPONDENT