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
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W.P.(C)No.21933 of 2025
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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:
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W.P.(C)No.21933 of 2025
3
K.BABU, J.
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W.P.(C) No.21933 of 2025
---------------------------------------------
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
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.
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(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
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
