IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 2420 of 2010(B) -------------------------------------- PETITIONER(S): ------------------------ 1. PALANI, S/O.CHELLAYYA NADAR, AGED 48 YEARS, KALLUKADU PUTHUVALIL, THENGAKKAL KARA, PEERMADE VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. 2. BILLI, W/O.PALANI, KALLUKADU PUTHUVALIL, THENGAKKAL KARA, PEERMADE VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. BY ADV. MR.BIJU .C. ABRAHAM RESPONDENT(S): -------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, IDUKKI. 2. THE SPECIAL SALE OFFICER, PEERMADE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.1273, ELAPPARA. 3. THE PEERMADE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.1273, ELAPPARA REPRESENTED BY ITS SECRETARY. 4. THE KERALA STATE FARMERS DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. R1, R2 & R4 BY GOVERNMENT PLEADER R3 BY ADV. MR.JOICE GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2420/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 28/12/2009 SUBMITTED BEFORE THE MLA. P1(A): COPY OF THE ACKNOWLEDGEMENT DTD. 31/12/2009 FROM THE OFFICE OF THE HON.MINISTER FOR CO-OPERATION. P2: COPY OF THE NOTICE DTD. 30/12/2009 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 17/01/2010 SUBMITTED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 2420 OF 2010 ----------------------------------------------------------- Dated this the 15th March, 2010. JUDGMENT The petitioners are coolie workers. They had availed an agricultural loan of Rs. 67,900/- on 6.9.2000 from the third respondent on the security of a item of immovable property admeasuring 2 acres 4 cents comprised in Survey No: 184/1A of Peermade Village. According to the petitioners due to various problems including an accident and hospitalisation of the first petitioner the amount could not be repaid and the same is lying in default. While so, the third respondent initiated recovery proceedings against the petitioners. The property of the petitioners was brought to sale and has been sold in favour of the third respondent bank. However, the sale has not been confirmed. 2. The petitioners submit that they are ready to pay the entire amount provided they are given some time to make the payment. The counsel for the third respondent bank submits that the bank is interested only in recovering the amounts due and not in purchasing the property of the petitioners. Therefore, he has no objection for some time being granted to the petitioners to clear the dues. However, it is necessary that the petitioners make a WPC 2420/2010 2 substantial payment to show their bonafides before any such facility could be granted. 3. In the above circumstances this writ petition is disposed of directing the petitioners to pay an amount of Rs.20,000/- to the third respondent bank on or before 31.3.2010. The balance amount of Rs.1 lakh shall be paid by the petitioners in ten equal monthly instalments of Rs.10,000/- each commencing from 30.4.2010. In the event of there being default in payment of two consecutive instalments the bank shall be free to recover the amounts due in accordance with law. The petitioners shall also pay any further amount that may be found payable by way of interest for the period subsequent to Ext.P2. In the meantime all further proceedings of the respondents to confirm the sale of the property of the petitioners shall remain stayed. Needless to say that on the petitioners paying the entire amounts due the property would be reconveyed to them by the respondents. K. SURENDRA MOHAN Judge jj WPC 2420/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: