Sophy Wilson vs State Of Kerala
2023 Latest Caselaw 1023 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 40490 OF 2022


PETITIONERS:

    1     SOPHY WILSON
          AGED 65 YEARS, W/O. M.C.WILSON,
          RESIDING AT MUNJANATTU HOUSE,
          CHEMBANKUNNU, WEST ELERI P.O.,
          KASARAGOD DISTRICT - 671 314.

    2     JOBIN WILSON,
          AGED 36 YEARS, S/O. M.C.WILSON,
          RESIDING AT MUNJANATTU HOUSE,
          CHEMBANKUNNU, WEST ELERI P.O.,
          KASARAGOD DISTRICT - 671 314.

    3     SEBIN WILSON,
          AGED 34 YEARS, S/O. M.C.WILSON,
          RESIDING AT MUNJANATTU HOUSE,
          CHEMBANKUNNU, WEST ELERI P.O.,
          KASARAGOD DISTRICT - 671 314.

    4     LITTY WILSON,
          AGED 30 YEARS, W/O.THOMSON GEORGE,
          RESIDING AT MUNJANATTU HOUSE,
          CHEMBANKUNNU, WEST ELERI P.O.,
          KASARAGOD DISTRICT - 671 314.

          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          SHAHID AZEEZ
          RENJISH S. MENON



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.
 WP(C) NO. 40490 OF 2022
                                      2




     2       THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF CO-OPERATION,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

     3       THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
             THYCAUD P.O.,
             THIRUVANANTHAPURAM - 695 014.

     4       THE SENIOR INSPECTOR/SPECIAL SALE OFFICER,
             THE VELLARIKUNDU PRIMARY CO-OPERATIVE
             AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,
             NO.S.539, BEEMANADY P.O.,
             KASARAGOD DISTRICT - 671 314.

     5       THE VELLARIKUNDU PRIMARY CO-OPERATIVE
             AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
             NO.S.539, BEEMANADY P.O.,
             KASARAGOD DISTRICT - 671 314,
             REPRESENTED BY ITS SECRETARY.

             BY ADVS SRI.KODOTH SREEDHARAN
             SMT.MABLE C.KURIAN, SR.GOVT.PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 40490 OF 2022
                                    3



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 40490 of 2022
                --------------------------------------------
                Dated this the 17th day of January, 2023

                              JUDGMENT

The petitioners have approached this Court seeking permission to

pay off the amounts due to the 5 th respondent in easy instalments. The

counsel for the 5th respondent on instructions submits that the overdue

amount comes to ₹8,68,000/-. The petitioners request that they may

be allowed to pay off the amounts in instalments.

In the above circumstances, this writ petition is disposed of

permitting the petitioners to pay off the amounts due in 15 equal

monthly instalments, the 1st instalment falling due on or before

17.02.2023 and the subsequent instalments falling due on or before

the 17th of the succeeding months. The petitioners shall pay the

regular monthly instalments along with the instalments towards the

overdue amounts. If the petitioners make two consecutive defaults in

payment of instalments, the 5th respondent is at liberty to proceed with

the recovery. Steps for recovery shall be kept in abeyance to facilitate

the payment of instalment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 40490 OF 2022

APPENDIX OF WP(C) 40490/2022

PETITIONERS' EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 20/10/2022 ISSUED BY THE FOURTH RESPONDENT.