IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 24^TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 WP(C) NO. 9829 OF 2021 PETITIONER:

LAJUMONI M.V,AGED 42 YEARS,S/O MONI P.C.

ROSE COTTAGE, CHEMBOOR, OTTASEKHARAMANGALAM P.O, KEEZHAROOR, NEYYATTINKARA, THIRUVANANTHAPURAM-

695125.

BY ADV E.A.BIJUMON RESPONDENTS:

1 KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTUARL RURAL DEVELOPMENT BANK,T.N.2037, MALAYINKEEZHI, THIRUVANANTHAPURAM DISTRICT-695571.

REPRESENTED BY THE SECRETARY.

2 THE BRANCH MANAGER,KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571. 3 THE SALE OFFICER,KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

4 THE TAHSILDAR,KATTAKADA, THIRUVANANTHAPURAM DISTRICT-695571.

5 THE VILLAGE OFFICER,VILLAGE OFFICE,KEEZHAROOR-695124.

6 THE SECRETARY,DEPARTMENT OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY ADV SRI.T.R.HARIKUMAR SR.G.P SMT. RESMI.K.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, ALONG WITH WP(C).9832/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 24^TH DAY OF FEBRUARY 2022/5TH PHALGUNA, 1943 WP(C) NO. 9832 OF 2021 PETITIONER:

LIJU. M.V,AGED 38 YEARS,S/O MONI P.C, ,ROSE COTTAGE, CHEMBOOR, NEYYATTINKARA, THIRUVNANTHAPURAM-695125.

BY ADV E.A.BIJUMON RESPONDENTS:

1 KATTAKKADA PRIMARY CO-OPERATIVE AGRICUILTURAL RURAL DEVELOPMENT BANK, T N 2037,MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

REPRESENTED BY THE SECRETARY.

2 THE BRANCH MANAGER,KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571. 3 THE SALE OFFICER,KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, T N 2037, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695571.

4 THE TAHSILDAR,KATTAKADA, THIRUVANANTHAPURAM DISTRICT-695571.

5 THE VILLAGE OFFICER,VILLAGE OFFICE, KEZHAROOR-695124.

6 THE SECRETARY,DEPARTMENT OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY ADV SRI.T.R.HARIKUMAR SR.G.P SMT. RESMI.K.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, ALONG WITH WP(C).9829/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The credit facility availed by the petitioner from the 1^st respondent Bank fell in arrears. Thereupon the Bank initiated steps for realisation of the debt by sale of the immovable property belonging to the petitioner. Ext P1 is the sale notice issued by the Bank. The petitioner has approached this Court seeking grant of instalment facility to wipe off the debt. 2. Heard the learned counsel for the petitioner, the learned standing counsel for the Bank, and the learned senior Government Pleader.

3. The property sought to be proceeded against by the Bank is the residential property of the petitioner. The petitioner is in grave financial constraints and a reasonable facility may be afforded to the petitioner to wipe off the debt in instalments, submits the learned counsel for the petitioner.

4. Considering the quantum of the amount involved and the circumstances projected by the learned counsel for the petitioner, I am of the opinion that reasonable instalment facility can be afforded to the petitioner.

Accordingly, the writ petition is disposed of permitting the petitioner to have the entire liability due to the Bank cleared in twenty equal monthly instalments commencing from 25.03.2022. The subsequent instalments shall be payable on or before the 20^th day of subsequent months. In case of default in payment of a single instalment, the petitioner will lose the benefit granted under this judgment.

Sd/-

Sathish Ninan, Judge vdv APPENDIX OF WP(C) 9829/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE PROCLAMATION NOTICE SHOWING THE DATE OF AUCTION ON

7/04/2021 IN MADRUB