IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 16181 of 2010(W) -------------------------- PETITIONER(S): --------------- BALTHIS D'SOUZA, AGED 80 YEARS S/O.DOONGA SOJA, MUDIPINADKA, POST PERDALA, KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.FF-113 REPRESENTED BY ITS SECRETARY & MANAGER KASARAGOD. *ADDL.R2 IMPLEADED: SENIOR INSPECTOR/SPECIAL SALE OFFICER, THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.FF-113, KASARAGOD *AS PER ORDER DATED 27.5.2010 IN I.A.6711/10 IN WPC. ADV. SRI.T.SETHUMADHAVAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 GOVERNMENT PLEADER SRI.P.M.MANOJ FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.16181/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE DATED 23.4.2010 ISSUED BY THE RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16181 of 2010 ----------------------------------------- Dated this the 16th March, 2011 JUDGMENT The petitioner availed a loan from the first respondent bank on the security of a parcel of land, 1.16 acres in extent. Since he did not repay the loan, the bank initiated steps 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. Ext.P1 sale notice was thereupon issued proposing to sell the security by public auction on 28.5.2010. The writ petition was thereupon filed on 25.5.2010 challenging Ext.P1 sale proclamation and seeking a direction to the respondent to extend to the petitioner the benefits flowing from the Agricultural Debt Waiver and Debt Relief Scheme, 2008. 2. From paragraphs 2 and 3 of the writ petition it is evident that the petitioner was granted all the benefits flowing from the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Therefore, no relief can be granted to the petitioner on that count. Faced with that situation, the learned counsel appearing for the petitioner prayed for an opportunity to pay the balance amount in W.P(C).No.16181 of 2010 -:2:- instalments. The learned counsel submitted that the petitioner has, pursuant to the interim order passed by this Court on 27.5.2010, remitted the sum of Rs.50,000/- and having regard to the said fact the writ petition may be disposed of granting the petitioner time to pay the balance amount due from him in five equal monthly instalments. The learned counsel appearing for the first respondent bank did not seriously oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: (a) The first respondent bank shall inform the petitioner in writing of the amount due from him as on 31.3.2011 after extending to him the benefits, if any, available under Circular No.63 of 2010 and related circulars. (b) The petitioner shall remit the said amount in five equal monthly instalments commencing from 30th of April 2011. If the 30th of any month happens to be a holiday, the payment shall be made on the next working day. (c) The petitioner will also be liable to pay simple interest on the amount due as on 31.3.2011 calculated at the rate of 12% per annum. W.P(C).No.16181 of 2010 -:3:- (d) On the petitioner remitting the last of the instalments, the first respondent bank shall inform the petitioner in writing of the amount thus due from him by way of interest. The petitioner shall pay the said amount without dispute within another month thereafter. Upon the said amount being paid, the bank shall return the documents of title to the petitioner. (e) If the petitioner commits default in depositing any two consecutive instalments it will be open to the first respondent bank to proceed to sell the security for realisation of the balance amount in lump. In that event the bank shall specifically state in the sale notice that the security is being brought to sale since the petitioner did not comply with the directions issued by this Court in this judgment. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16181 of 2010 ---------------------------- JUDGMENT 16th March, 2011