Kerala High Court
C. N Gopi Achary vs Registrar Of Co- Operative Societies on 8 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:50099
W.P.(C)No.21933 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 21933 OF 2025
PETITIONER:
C. N GOPI ACHARY,
AGED 65 YEARS,
S/O NARAYANAN ACHARY, RESIDING IN THE ADDRESS
CHIRACKEL HOUSE, PANNIMATTOM P O,
THODUPUZHA, IDUKKI DISTRICT,
PIN - 685602
BY ADV
SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 REGISTRAR OF CO- OPERATIVE SOCIETIES,
OFFICE OF CO OPERATIVE SOCIETIES,
JAWAHARSAHAKARANA BHAVAN, DPI JUNCTION, JAGATHY,
THIRUVANANTHAPURAM -14., PIN - 605911
2 JOINT REGISTRAR (GENERAL),
OFFICE OF JOINT REGISTRAR (GENERAL ),
CHERUTHONNI, IDUKKI, PIN - 685658
3 THODUPUZHA PRIMARY CO - OPERATIVE SOCIETY,
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO
4388,
REPRESENTED BY ITS SECRETARY, OFFICE OF
THODUPUZHA PRIMARY CO - OPERATIVE SOCIETY
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO
4388, THODUPUZHA P B NO 13, PIN - 685581
4 THE SECRETARY,
OFFICE OF THODUPUZHA PRIMARY CO - OPERATIVE
SOCIETY AGRICULTURAL AND RURAL DEVELOPMENT BANK
2025:KER:50099
W.P.(C)No.21933 of 2025
2
LTD NO 4388, THODUPUZHA P B NO 13,
PIN - 685581
BY ADVS.
SHRI.VISHNU DEV C.S.
SRI.SHIRAZ ABDULLA M.S.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:50099
W.P.(C)No.21933 of 2025
3
K.BABU, J.
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W.P.(C) No.21933 of 2025
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Dated this the 8th day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
"1. Call for the records leading to Ext P -4 and Ext P -8 and may be pleased to issue writ of certiorari to quash the same in the interest of justice.
2. Issue a writ of mandamus or any other appropriate writ or direction commanding the respondents 1 to 4 to permit the petitioner to remit the entire loan amount in 50 monthly equitable installments or any other substantial installments in the interest of justice.
3. Issue writ of mandamus or any other appropriate writ or direction commanding the 1 to 4 respondents to re consider the proposal made by the petitioner in Ext P 5 to Ext P 7 in the interest of justice.
4. To Exempt the petitioner from producing the copy of the translation of the documents in vernacular language.
AND
5. To pass any such or further orders as the petitioner may seek and this Hon'ble court deem fit to grant. "
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the respondent Bank submitted that the total amount due to the Bank is Rs.5,86,351/-. The petitioner is prepared to remit 2025:KER:50099 W.P.(C)No.21933 of 2025 4 the amount in twenty four equal monthly instalments.
4. In the above circumstances, the Writ Petition is disposed of with the following directions:-
(i) The petitioner shall remit the total amount of Rs.5,86,351/- (Rupees Five Lakhs Eighty Six Thousand Three Hundred and Fifty One only) together with any accrued interest and charges in twenty four equal monthly instalments.
(ii) The first instalment shall be paid on or before 11.08.2025 and the subsequent instalments shall be paid on or before the last working day of every succeeding month.
(iii) The respondent bank shall accept the loan amount from the petitioner as stated above.
(iv) In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with law.
2025:KER:50099 W.P.(C)No.21933 of 2025 5
(v) In order to enable the petitioner to repay the entire amount as stated above, all coercive proceedings initiated against him shall be kept in abeyance.
Sd/-
K.BABU JUDGE VPK 2025:KER:50099 W.P.(C)No.21933 of 2025 6 APPENDIX OF WP(C) 21933/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY SALE DEED OF THE PROPERTY Exhibit p2 TRUE COPY OF THE REVENUE TAX RECEIPT DATED 15-4-2025 Exhibit P3 TRUE COPY OF THE STATUTORY NOTICE ISSUED TO THE PETITIONER DATED 15-01-2022 Exhibit P4 TRUE COPY OF PAPER PUBLICATION OF THE PROPERTY OF THE PETITIONER MADE BY THE RESPONDENT BANK DATED 26-3-2025 Exhibit P5 A TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22-04-2025 Exhibit P6 A TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.4.25 Exhibit P7 TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 21-04-2025 Exhibit P8 TRUE COPY OF STATUTORY NOTICE UNDER SECTION 9 (2) OF THE SAID ACT TO THE PETITIONER DATED 21-05-2025