IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16667 of 2011(G) -------------------------- PETITIONER(S): --------------- BIJU GEORGE , S/O. GEORGE, AGED 40, ARAKKAL HOUSE, ADIMALY PO,IDUKKI DISTRICT . BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE DEVIKULAM TALUK CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD REPRESENTED BY ITS SECRETARY,ADIMALY PO, ADIMALY, IDUKKI DISTRICT. 2. THE SPECIAL SALE OFFICER THE DEVIKULAM TALUK CO-OPERATIVE AGRCULTURAL & RURAL DEVELOPMENT BANK LTD ADIMALY, IDUKKI DISTRICT. BY GOVT. PLEADER SRI.S.ABUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16667 of 2011 EXT.P1 TRUE COPY OF THE RECEIPTS EXT.P2 TRUE COPY OF THE NOTICE DATED 17.5.2011. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16667 of 2011 ------------------------------- Dated this the 22nd day of June, 2011 J U D G M E N T Ext.P2 notice issued by the Secretary of the first respondent bank calling upon the petitioner to repay the loan within 60 days from the date of receipt of the notice, failing which he was cautioned that his immovable properties mortgaged with the bank will be sold without the intervention of the Court is under challenge in this writ petition. 2. The first respondent bank is empowered under section 19 of the Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984 to bring the security to sale without the intervention of the court to realise the arrears. Section 19 of the Act also empowers the managing committee of the first respondent bank to foreclose the loan and to take steps to recover it after issuing notice to the defaulter, without the intervention of the court. The demand made by the second respondent is therefore perfectly legal and in order. As a debtor, it is the duty of the petitioner to repay the loan and to avert the sale. The bank which has advanced the loan utilising the funds advanced by the National Bank for Agricultural and Rural W.P.(C) No.16667 OF 2011 2 Development through the Kerala State Agricultural and Rural Development Bank cannot be asked to wait indefinitely and allow the arrears to mount up. I, therefore, find no illegality in Ext.P2. As regards the prayer for grant of instalment facility, it is for the petitioner to move the first respondent bank seeking the said relief. It is evident from the pleadings and the materials on record that the petitioner has not so far made a request in writing to the bank for an opportunity to pay the amount due in instalments. Though it is stated in paragraph 3 of the writ petition that after the petitioner received Ext.P2, he requested the respondents to grant him an opportunity to pay the amount due in instalments, there is no material to show that a written representation was made before the respondents. The Sale Officer comes into picture only when the bank moves him to take steps under the Act to bring the security for sale. Until then, it is for the bank to decide whether the petitioner should be given an opportunity to pay the amount in instalments. In such circumstances, as the petitioner is yet to move the first respondent seeking an opportunity to pay the amount due in instalments, I find no ground to grant the second relief also. The writ petition fails and is accordingly dismissed. W.P.(C) No.16667 OF 2011 3 However, it is made clear that this judgment will not stand in the way of the petitioner moving the first respondent bank seeking appropriate reliefs. P.N. RAVINDRAN, JUDGE. nj.