Kabeer vs Special Sale Officer
2025 Latest Caselaw 5517 Ker

Kerala High Court

Kabeer vs Special Sale Officer on 26 March, 2025

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                         2025:KER:26067



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947

                           WP(C) NO. 1796 OF 2025


PETITIONER:

              KABEER
              AGED 57 YEARS
              S/O BAPUNNI , MUSLIYAM VEETIL, THOTTATHIL PARAMBIL,
              VELIANCODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT,
              PIN - 679 579.



              BY ADVS.
                   SAIJO HASSAN
                   BAPPU GALIB SALAM


RESPONDENTS:

     1        SPECIAL SALE OFFICER
              PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMNET BANK LTD, KUTTIKKAD JN, PONNANI P.O.,
              MALAPPURAM, PIN - 679 577.

     2        PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD
              KUTTIKKAD JN, PONNANI P.O., MALAPPURAM-, PIN - 679 577.

              BY ADVS.
                   V KRISHNA MENON
                   J.SURYA(K/1007/2005)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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                        JUDGMENT

The loan availed by the petitioner from the 2 nd

respondent Society fell in arrears. The Society initiated

recovery steps under the Kerala State Co-operative

(Agricultural and Rural Development Banks) Act, 1984.

Ext.P1 notice was issued by the 1st respondent informing

the petitioner that if the dues are not cleared, the

mortgaged property would be measured and demarcated

for the purpose of auction.

2. The petitioner had earlier approached this

Court seeking for instalments to pay off the liability by

filing W.P.(C) No.11740 of 2024 and this Court, by

Ext.P4 judgment, directed the petitioner to approach the

Bank with appropriate representation for appropriate

reliefs.

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3. Pursuant to Ext.P4 judgment, the petitioner by

Ext.P5 representation, sought for repayment of the loan

amount in 40 instalments. However, his request was

rejected by Ext.R2(a) and he was permitted to pay the

amount in six instalments. On failure to make

payment, the Society issued Ext.P6 auction notice.

Challenging Ext.P6, the petitioner has filed this writ

petition.

4. A counter affidavit has been placed on record

by the 2nd respondent wherein it is stated that the

petitioner is a chronic defaulter and that he did not

comply with the direction of the Society to pay the

amount in 6 instalments. It is further stated that

pursuant to Ext.P6, the property was bid in auction by

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the Society. However, the sale is not confirmed in

view of the interim order passed by this Court on

17.01.2025.

5. Heard the learned Counsel for the petitioner

and Adv. V. Krishna Menon, the learned Counsel for

the 2nd respondent.

6. When the writ petition came up for

consideration today, Adv. V. Krishna Menon, the

learned Counsel for the Society submitted that, as on

31.01.2025, an amount of Rs.15,13,665/- is outstanding

in the loan account of the petitioner. It is further

submitted that though the Society is facing financial

stringency, the Society is willing to show indulgence to

the petitioner by permitting him to pay the outstanding

amount in 6 equal monthly instalments as directed in

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Ext.R2(a).

7. The learned Counsel for the petitioner

accepted the said suggestion.

8. In the facts and circumstances of the case, this

writ petition is disposed of with the following directions:-

a) The petitioner shall pay the outstanding

amount of Rs.15,13,665/- (Rupees Fifteen

lakhs thirteen thousand six hundred and sixty

five only) along with accrued interest and

applicable charges in 6 equal monthly

instalments commencing from 02.05.2025

b) If the petitioner defaults payment of any

of the instalments, it will be open to the

Society to proceed against him in accordance

with law.

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c) To enable the petitioner to pay the

amount in instalments as aforesaid, all coercive

proceedings against the petitioner shall stand

deferred.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ

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APPENDIX OF WP(C) 1796/2025

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENTS DATED 17/09/2023.

EXHIBIT P2 TRUE COPY OF THE MEDICAL REPORT DATED 06.06.2023.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 22/03/2024.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO.11740 /2024 DATED 31/05/2024.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 19/08/2024 FILED BY THE PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P6 TRUE COPY OF THE AUCTION NOTICE IS PRODUCED DATED 26/12/2024.

RESPONDENT'S EXHIBITS

EXHIBIT-R2(a) A COPY OF THE LETTER DATED 2.9.2024.

EXHIBIT-R2(b) A COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER AS ON 31.1.2025.