IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 7238 of 2010(D) ---------------------- PETITIONER : --------------------- K.KANNAN KUTTY, AGED 30 YEARS, S/O.THULASSERY KUNHAMBU NAIR, PEERUDAKKUM, KOCHI, KOTTODI P.O., KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): -------------------------- 1. SALE OFFICER, SENIOR INSPECTOR/SPECIAL SALE OFFICER, THE HOSDURG PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK, KANHANGAD P.O, KASARAGOD DISTRICT. 2. THE SECRETARY, THE HOSDUG PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK, CHULLIKKARA BRANCH, PADIMARATHU P.O., KASARAGOD - 671121. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, VIDYA NAGAR P.O., KASARAGOD. R1 & R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7238 of 2010(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SALE NOTICE 21.01.2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 7238 of 2010 ----------------------------------------------- Dated this the 21st day of November, 2011 JUDGMENT The petitioner's father late Kunjambu Nair availed three loans from the Hosdurg Primary Co-operative Agricultural and Rural Development Bank Ltd. The loan was secured by a mortgage of 2.65 acres of land situated in R.S. No.372/1 of Kallar village, Hosdurg taluk, Kasaragod district. When the petitioner's father did not repay the loan, the bank took steps to bring the security to sale without the intervention of court in terms of provisions contained in the Kerala State Co-operative Agriculture and Rural Development Banks Act, 1984. The petitioner's father passed away on 15.7.2003. Therefore, notices were issued to the legal heirs including the petitioner before steps were taken to bring the security to sale. Ext.P1 sale notice dated 21.1.2010 was issued proposing to sell the property by public auction on 9.3.2010. This writ petition was thereupon filed on 5.3.2010 challenging the sale notice and seeking a direction to the respondents to extend to the petitioner the benefit of the Agricultural Debt Waiver and Debt Relief Scheme 2008. WP(C)No. of 2011 -2- 2. When the writ petition came up for admission hearing on 5.3.2010, this Court stayed the sale of the property for a period of one month subject to the condition that the petitioner should remit the sum of Rs.50,000/- on or before 9.3.2010 and a further sum of Rs.50,000/- before 28.3.2010. The petitioner deposited the first installment. He did not deposit the second installment of Rs.50,000/- notwithstanding the further order passed by this Court on 4.8.2011. The second respondent has filed a counter affidavit dated 23.7.2011 wherein it is stated that as on 31.12.2010 the amount due to the bank was Rs.1,64,558/-. It is stated that the payment made by the petitioner pursuant to the interim order was also given credit to while computing the amount due as on 31.12.2010. When the writ petition petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner may be given time to pay the balance amount due either in lump or in installments. The learned counsel appearing for the second respondent bank did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: WP(C)No. of 2011 -3- 1. The second respondent shall within two weeks from the date of receipt of a certified copy of this judgment inform the petitioner in writing of the amount due from him as on 30.11.2011 after giving credit to the payment of Rs.50,000/- made by him pursuant to the interim order passed by this Court on 5.3.2010. 2. The bank shall while determining the amount payable by the petitioner have due regard to the concessions, if any, extended by the Registrar of Co- operative Societies to persons who have availed loans from co-operative institutions. 3. The petitioner shall repay the amount demanded in five equal monthly installments, the first of which shall be remitted on or before 15th December, 2011. The remaining installments shall be remitted on or before the 15th of each succeeding English calendar month. If the petitioner commit default in remitting any two consecutive installments it will be open to the second respondent to proceed to sell the security and to recover the amount due from him in lump. 4. In the event of the petitioner remitting the amount due as on 30.11.2011 in five equal monthly installments in the manner directed, the bank shall inform him in writing of the balance amount if any payable by him by way of interest from the period WP(C)No. of 2011 -4- commencing from 1.12.2011, having due regard to the payments made by the petitioner. He shall within one month, from the date of receipt of the intimation regarding the balance amount payable by him, deposit the said amount also without prejudice. The bank shall thereupon close the loan account and return the documents of title deposited by the debtor to the legal heirs of the debtor. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge