IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 21005 of 2011(A) ---------------------------------- PETITIONER: ------------------- GOPINADHAN, S/O.DAMODHARAN, KIZHAKKETHERECKAL, EDAVATTOM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, PIN 686605. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENTS: ---------------------- 1. THE SPECIAL SALE OFFICER, VAIKOM TALUK CO-COPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.951, VAIKOM P.O., VAIKOM, PIN 686141. 2. THE SECRETARY, VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.951, VAIKOM P.O., VAIKOM, PIN 686141. ADV. SRI.T.R.HARIKUMAR FOR B/O SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE LETTER DATED 14.06.2008 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P2 : A TRUE PHOTOCOPY OF THE DEMAND NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER ON 23.06.2011. RESPONDENTS EXHIBITS:NIL. /TRUE COPY/ P.A. TO JUDGE ln P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No. 21005 of 2011 ------------------------------- Dated this the 23rd day of September, 2011. J U D G M E N T Ext.P2 demand notice issued by the first respondent demanding repayment of the loan availed by the petitioner from the Vaikom Taluk Co-operative Agricultural and Rural Development Bank is under challenge in this writ petition. The main contention raised by the petitioner is that Ext.P2 notice is improper and illegal and against the principles of natural justice. Yet another contention raised is that the loan was closed under the Agricultural Debt Relief Scheme. 2. The Vaikom Taluk Co-operative Agricultural and Rural Development Bank is an Agricultural and Rural Development Bank governed by the provisions of the Kerala State Co-operative Agricultural and Rural Development Banks Act 1984. Under Section 19 of the said Act, if repayment of the loan is defaulted, the bank is empowered to bring the security to sale without the intervention of the court. It is evident from provisions contained in Rule 8(c) of the Kerala State Co-operative Agricultural and Rural Development Bank Rules 1986 that Ext.P2 notice is one issued in 2 WP(C) No. 21005/2011 terms thereof, pursuant to an application made by the Bank to the Sale Officer. Ext.P2 is only a demand notice. In such circumstances, it is for the petitioner to approach the bank and to avert the sale by closing the loan account. I therefore find no grounds to entertain the writ petition. It fails and is accordingly dismissed. P.N.RAVINDRAN JUDGE dnc