IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 22261 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. SMT.BHANUMATHIAMMA, D/O LAKSHMIAMMA, THALANATTU THARAYIL MANIMANDIRAM, THENNADY, THAKAZHY, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- 1. ALAPPUZHA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.A-94, ALAPPUZHA REPRESENTED BY ITS SECRETARY 2. THE SPECIAL SALE OFFICER, ALAPPUZHA CARD BANK, LTD., NO.A-94, ALAPPUZHA. ADV. SRI.ASP.KURUP FOR R1 SRI.SADCHITH.P.KURUP FOR R1 GOVERNMENT PLEADER, SMT.RANI DIOTHIMA P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22261/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of December, 2010 J U D G M E N T The petitioner challenges the sale notice issued by the second respondent-Special Sale Officer as per Ext.P1 under the Kerala State Co-operative Agricultural Development Act. The sale notice is issued at the instance of the first respondent Bank. 2. The petitioner was sanctioned a loan to the tune of Rs.75,000/- on 17/12/2004. The total amount claimed in Ext.P1 is 98,374/-. 3. While admitting the writ petition on 28/07/2008, this Court passed an order staying the proceedings for sale on condition that the petitioner deposits amount at the rate of Rs.7,500/- per month payable on or before 15th of every month commencing from August, 2008. If the petitioner has not wiped off the liability so far, the balance amount will be paid in terms of the interim direction issued by this Court till the entire loan amount is cleared. If further defaults occur, it is open to the first respondent to W.P.(C). No.22261/2008 -:2:- proceed in accordance with law. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE