Roy Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 1609 of 2015 (A) --------------------------- PETITIONER(S):

----------------- ROY THOMAS, AGED 48 YEARS, S/O.THOMAS, PUTHIYIDATHUCHALIL, PIZHAKU P.O., RAMAPURAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.P.C.HARIDAS RESPONDENTS:

----------------- 1.

STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM - 695 001.

2.

MEENACHIL CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.K-197, PALA, REPRESENTED BY ITS SECRETARY 686 575.

3.

SECRETARY, MEENACHIL CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.K-197, PALA - 686 575. 4.

SALE OFFICER, MEENACHIL CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.K-197, PALA - 686 575. R2,R3 BY ADV. SRI.SUNIL CYRIAC,SC,MEENACHIL CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.

R BY SENIOR GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.1609 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE DATED 12.8.2014 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF NOTICE DATED 16.10.2014 OF THE FOURTH RESPONDENT.

EXHIBIT P3 :

TRUE COPY OF THE SALE PROCLAMATION ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE REPRESENTATION DATED 10.1.2015 OF THE PETITIONER.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.1609 of 2015 --------------------- Dated this the 16th day of January, 2015

J U D G M E N T

All that the petitioner prays is for easy instalments to pay the overdue amount and to get the loan account regularised. The total liability as on today comes to about ` 37 lakhs and the overdue amount inclusive of expenses comes to about ` 12 lakhs.

2. I permit the petitioner to pay the overdue amount in 6 equal monthly instalments starting from 16.2.2015. This will be in addition to the half yearly instalments which the petitioner is otherwise obliged to pay.

3. The coercive steps pursuant to Ext.P3 sale proclamation shall be put on hold if the petitioner complies with the conditions in time. The proceedings for sale can surge ahead if the petitioner commits any default in the payment of the instalments as above. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.