IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 8^TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946 WP(C) NO. 4590 OF 2022 PETITIONERS:

1 PRAKASH M.

AGED 43 YEARS S/O.MADHAVAN, ANOOP BHAVAN, KARIMBUVILLA, CHARUPPARA, THIRUVANANTHAPURAM DISTRICT - 695 601.

2 MANJU PRAKASH AGED 39 YEARS W/O.PRAKASH M., ANOOP BHAVAN, KARIMBUVILLA, CHARUPPARA, THIRUVANANTHAPURAM DISTRICT - 695 601.

BY ADVS.

SIMLA PRABHAKARAN MAHIN PRABHAKARAN PRAVEEN K.V RESPONDENTS:

1 JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM, OFFICE OF THE REGISTRAR OF CO OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM DISTRICT - 695 014.

2 THE SECRETARY KILIMANOOR CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., T 316, KILIMANOOR P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT - 695 601.

3 SPECIAL SALE OFFICER KILIMANOOR CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. T 316, KILIKANOOR P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT - 695 601.

OTHER PRESENT:

GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

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W.P.(C) No.4590 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 8^th day of January, 2025

JUDGMENT

The petitioners have approached this Court seeking a direction to permit them to clear out the arrears of the loan amount in 12 equal monthly instalments.

2. When the matter came up for consideration on 11.02.2022, this Court has passed an interim order staying all further proceedings pursuant to Ext.P4 sale notice, on condition that the petitioners deposit an amount of Rs.50,000/- on or before 14.02.2022. The learned counsel for the petitioners submits that the said interim order has been complied with and a further amount of Rs.1 lakh was also deposited by the petitioners.

3. Though notice was served on the respondent bank, there is no appearance on thier behalf.

4. Heard the learned Government Pleader.

5. Taking into consideration the limited request made by the petitioners to permit them to pay the arrears of loan amount in equal monthly instalments, I am inclined to dispose of the writ petition as follows:

1. The 2^nd respondent shall intimate the petitioners the actual amount due from them, within a period of two weeks from the date of receipt of a copy of this judgment.

2. The petitioners shall pay the above said amount in 10 equated monthly installments, commencing from 01.02.2025 and continue to pay the subsequent instalments on the 1^st day of succeeding months.

3. In the event of any single default in payment as directed above, the respondent bank shall be free to continue the recovery proceedings pursuant to Ext.P4.

4. It is made clear that if the petitioners comply with the aforesaid directions, further proceedings for recovery shall be kept in abeyance.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 4590/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASS BOOK ISSUED IN LOAN ACCOUNT TO THE PETITIONERS BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 10/11/2019 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 10/1/2021 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 15/12/2021 UNDER RULE 8 SECTION 19 TO 25 OF THE KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT ACT, 1984 BY THE 3RD RESPONDENT.