Kerala High Court
K K Krishnankutty vs A & E Inspector Cum Sale Officer on 18 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:53563
W.P (C) No.16655 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 16655 OF 2025
PETITIONER:
K K KRISHNANKUTTY,
AGED 67 YEARS,
S/O KOTHAKUTTY,
KUTTIPURATH HOUSE,
MULLASSERY P O,
MULLASSERY VILLAGE,
CHAVAKKAD TALUK,
THRISSUR DISTRICT,
PIN - 680509
BY ADV SRI.RADHAKRISHNA PILLAI.G.
RESPONDENTS:
1 A & E INSPECTOR CUM SALE OFFICER,
O/O ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
CHAVAKKAD,
THRISSUR DISTRICT,
PIN - 680506
2 MULLASSERY SERVICE CO-OPERATIVE SOCIETY,
MULLASSERY VILLAGE, MULLASSERY P O,
CHAVAKKAD TALUK,
THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 680509
2025:KER:53563
W.P (C) No.16655 of 2025
2
BY ADV
SMT.RASMI NAIR T.
SMT.MABLE.C.KURIAN (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:53563
W.P (C) No.16655 of 2025
3
K.BABU, J.
--------------------------------------
W.P (C) No.16655 of 2025
---------------------------------------
Dated this the 18th day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"i. Issue a writ of certiorari or any other appropriate
writ to quash Exhibit P1 attachment notice of special
sale officers illegal and unsustainable.
ii. Issue a writ of mandamus or any other appropriate
writ or order to direct the respondents to remove the
flex board from the public place kept in Mullassery
Centre and in adjacent Mullassery Block Panchayath
Office in Public road.
iii. Issue writ of mandamus or any other appropriate
writ or order permitting petitioner to remit the entire
loan amount in 20 equal monthly instalments.
And
iv. Issue such other appropriate writ or order which is
deemed just and necessary on the facts and
circumstances of the case."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the
respondent Co-operative Society submits that the Co-operative
Society is agreeable to permit the petitioner to remit the overdue
2025:KER:53563
amount in twenty equal monthly instalments.
4. In the above circumstances, the Writ Petition is
disposed of with the following directions:
(i) Respondent Co-operative Society is directed
to regularize the loan account by accepting
repayment of the entire overdue amount of
Rs.4,40,266/-(Rupees Four Lakh Forty
Thousand Two Hundred and Sixty Six only)
along with Bank charges from the petitioner.
(ii) The petitioner shall remit the overdue
amount of Rs.4,40,266/- together with any
accrued interest and charges in twenty
equal monthly instalments.
(iii) The first instalment shall be paid on or
before 18.08.2025 and the subsequent
instalments shall be paid on or before the
last working day of every succeeding month.
2025:KER:53563
(iv) The petitioner shall continue to pay the
regular EMIs in terms of the contract.
(v) In the event of default of any one instalment,
the respondent Bank is entitled to proceed
in accordance with law.
(vi) The coercive proceedings initiated against
the petitioner shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:53563
APPENDIX OF WP(C) 16655/2025
PETITIONER EXHIBITS
ExhibitP1 A TRUE COPY OF ATTACHMENT NOTICE DATED
07/01/2025 ISSUED UNDER RULE 81 (D) OF
KERALA CO-OPERATIVE SOCIETIES RULES
