IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 5951 of 2010(T) ------------------------- PETITIONER: --------------- M.K.FATHIMA, W/O. MOIDEENKUTTY K.M., AGED 46 YEARS, NALAKATHU HOUSE, MOOLAKKAL, K.PURAM P.O., THANALOOR, MALAPPURAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM. 3. TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.M-11, TIRUR BRANCH, REPRESENTED BY ITS SECRETARY, TIRUR, MALAPPURAM. 4. SPECIAL SALE OFFICER, TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.M-11, TIRUR. R1 AND R2 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA P. R3 BY ADV. SRI.V.G.ARUN, SC. AND SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5951 of 2010(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE NOTICE DATED 16.11.2009 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P2 : A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3 : TRUE COPY OF THE NOTICE OF SALE DATED 05.02.2010. EXT.P4 : A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENTS DATED 25.03.2010. EXT.P5 : A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENTS DATED 08.10.2001. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5951 OF 2010 ......................................................................... Dated this the 2nd December , 2010 J U D G M E N T The petitioner had availed a Housing loan and an Agricultural loan from the respondent Bank in the year 2001, creating security interest over the property in question. Since repayment was not effected promptly as scheduled and the petitioner turned to be a defaulter, the Bank declared the accounts as 'NPA' and proceeded with steps for recovery of the amount under the Kerala State Co-operative Agricultural Development Act, 1984, leading to Ext. P3 sale proceedings, which is under challenge in this Writ Petition. 2. When the matter came up for orders on 19.03.2010, the coercive steps were intercepted on condition that the petitioner deposited 1/3rd of the total amount shown in Ext.P3 within six weeks, out of which a sum of ` One lakh was ordered to be paid on or before 25.03.2010 itself. W.P.(C) No. 5951 OF 2010 2 3. The learned Counsel for the petitioner submits that the petitioner could not satisfy the liability within the time frame as scheduled and has in fact deposited a total sum of `.2.5 lakhs as stated in the affidavit filed in support of I.A.No. 14496 of 2010, (producing proof of the deposit as borne by Exts. P4 and P5) seeking for regularisation of the accounts. 4. The learned Counsel for the Bank submits that regularisation of the accounts is not possible in view of the fact that the loan procured by the petitioner for the purpose of house construction was diverted and enquiry is going on. It is also stated that the petitioner had undertaken before the Bank that the entire liability would be cleared, if some breathing time was provided in this regard. 5. After hearing both the sides and also taking note of the persuasive submissions made by the learned Counsel for the petitioner, the petitioner is granted permission to clear the liability by way of 'six' equal monthly installments, the first of which shall be effected within one month, to be followed by similar installments, to be effected on or before the last working W.P.(C) No. 5951 OF 2010 3 day of the succeeding months. Subject to this, all further recovery proceedings shall be kept in abeyance for the time being. It is also made clear that, if any default is committed in satisfying the liability as above, it will be open to the respondents to proceed with further steps for realisation of the entire amount in a lump. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk