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High Court of KeralaWP(C)/35281/2014disposed of

P.J. Thankachan v. Sale Officer

2015-01-234 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 35281 of 2014 (I) PETITIONER(S):

---------------------- P.J. THANKACHAN, AGED 55 YEARS S/O.JOHN, PERUMBETTU, PATTUVAM P.O PANATHUR, KANHANGAD, KASARAGOD DISTRICT.

BY ADVS.SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT(S):

--------------------------

1. SALE OFFICER, SENIOR INSPECTOR/SPECIAL SALE OFFICER THE HOSDURG PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK KASARAGOD P.O, KASARAGOD DISTRICT, PIN 671 315.

2. THE SECRETARY THE HOSDURG PRIMARY CO-OP AGRICULTURL AND RURAL DEVELOPMENT BANK KASARAGOD P.O, KASARAGOD DISTRICT, PIN 671 315.

3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, VIDYA NAGAR P.O, KASARAGOD, PIN 671 123

4. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001.

R1,3,4 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R-R2 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 35281 of 2014 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 20-11-2014 EXHIBIT P2 THE TRUE COPY OF THE GOVERNOR ORDER ISSUED BY THE 4TH RESPONDENT DATED 15-2-2013 EXHIBIT P3 THE TRUE COPY OF THE GOVERNMENT ORDER ISSUED BY THE 4TH RESPONDENT DATED 30-05-2014 RESPONDENT(S)' EXHIBITS NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K.VINOD CHANDRAN, J.

W.P.(C).No.35281 of 2014 ---------------------------------------- Dated this the 23rd day of January, 2015

J U D G M E N T

The petitioner is aggrieved by the proceedings taken against the petitioner's property for settlement of the defaulted amounts, in the loan account availed.

2. Considering the confined prayer made for instalments, it is directed that the proceedings shall be kept in abeyance on condition of the petitioner settling the entire loan in ten equal monthly instalments. The respondent-Bank shall quantify the dues as on 15.02.2015 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 23.02.2015 and thereafter; the due date of instalments falling on the 23rd of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue. On the satisfaction of the dues

WPC No.35281/2014 ::2:: as per the statement, the Bank shall give a statement of the future interest from 15.02.2015 and the same shall be settled as the 11th instalment.

3. The learned counsel for the petitioner submits that in fact, there is a moratorium by the Government, which has been interpreted by the Division Bench of this Court as being applicable to all modes of recovery. However, the moratorium is only up to 15.02.2015. In such circumstance, there would be no difficulty in the aforesaid direction being complied with. The writ petition stands disposed of as above. No costs.

Sd/= (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge