Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE29H DAY OF OCTOBER20137TH KARTHIKA, 1935 WP(C).No. 11720 of 2012 (L) ---------------------------- PETITIONER(S): -------------------------- MATHEW THOMAS, AGED71YEARS S/O.THOMAS, CHINTHAMANIYIL, PONNUNDAMALA KOORACHUNDU POST, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): ---------------------------- 1. KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED PERAMBRA BRANCH, KOZHIKODE DISTRICT, PIN67352 REPRESENTED BY ITS MANAGER.
2. THE SENIOR INSPECTOR/SPECIAL SALE OFFICER THE KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.D2020 BALUSSERY, KOZHIKODE DISTRICT, PIN67361.
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM-695001. BY ADV. SRI.B.V.JOY SANKER BY GOVERNMENT PLEADER SRI.P.M.SAMEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2910-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11720 of 2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF PASSBOOK OF THE PETITIONER IN RELATION TO THE AGRICULTURAL LOAN AVAILED FROM THE1T RESPONDENT BANK. EXHIBIT-P2. TRUE COPY OF FINAL ORDER
DATED1505/2008 PASSED BY THE KERALA STATE FARMERS' DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM IN APPLICATION NO.13350/2007/KK. EXHIBIT-P3. TRUE COPY OF THE DEMAND NOTICE DATED318.2009 ISSUED BY THE1T RESPONDENT. EXHIBIT-P4. TRUE COPY OF REPRESENTATION DATED2010.2011 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. EXHIBIT-P5. TRUE COPY OF NOTICE DATED293.2002 ISSUED BY THE2D RESPONDENT PROCALIMING SALE OF PETITIONER'S PROPERTY. //true copy// P.A.To Judge K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - W.P.(C).No. 11720 of 2012 - - - - - - - - - - - Dated this the 29th day of October, 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT
The petitioner, a defaulter in repaying the loan availed of from the 1st respondent is before this Court challenging the recovery proceedings initiated against him. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of, on the following term:- (i). The petitioner shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same. (ii). The 1st respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 15.11.2013. (iii). The 1st respondent shall grant seven monthly instalments for the payment of the balance dues, starting from 15.12.2013. WP(C).11720/12 2 (iv). Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default. (v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue. (vi). On the seventh instalment being satisfied, the 1st respondent shall issue a statement of the interest accrued from 15.11.2013 which shall be satisfied by the petitioner on or before the 15th of the succeeding month. (vii). On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable. Writ Petition is disposed of as above, making it clear that the respondents will be free to proceed with the recovery if the above conditions are not complied with. Sd/- K.VINOD CHANDRAN, Judge mrcs //true copy//