IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WA.No. 790 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15502/2011 DATED 09/06/2011 .................... APPELLANT(S): / PETITIONER : -------------- BENNY JOSEPH, S/O.JOSEPH, AGED 44 YEARS, CHELLUPARAMBIL HOUSE, ARIKUZHA.P.O., MANAKKAD VILLAGE, THODUPUZHA - 685 584, IDUKKI DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): / RESPONDENTS --------------- 1. STATE OF KERALA REPRESENTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 1 . 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, THODUPUZHA - 685 584. 3. SALE OFFICER, CO-OPERATIVE DEPARTMENT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, THODUPUZHA - 685 584. 4. ARIKUZHA SERVICE CO-OPERATIVE BANK LTD. NO.1438, ARIKUZHA.P.O., MANAKKAD VILLAGE, THODUPUZHA - 685 584, IDUKKI DISTRICT, REP. BY ITS SECRETARY. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.790 of 2011 --------------------------------- Dated, this the 17th day of June, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant. 2. Since the writ appeal is at admission stage, there is no appearance for the respondents. Considering the nature of the relief prayed for and the relief we propose to grant, we feel issuance of notice to the 4th respondent will only cause loss to them by way of litigation expenses. 3. Considering the financial difficulty expressed by the appellant, we grant 15 monthly installments to the appellant to clear the arrears due to the 4th respondent Society whether the amount is fully covered by award or not. On production of a copy of this judgment before respondents 3 & 4, they will work out the actual liability due from the appellant, divide the same into 15 and fix the installment scheme to him. Along with each installment, the appellant will pay 1% interest i.e. @ 12% per annum. The installments will be paid on or before W.A.No.790/2011 -2- 15th of every month commencing from July, 2011. If there is any default in payment of any of the installments, the installment facility granted will stand automatically vacated and the 3rd respondent will proceed for sale of the property for recovery. The appellant will produce copy of the judgment before respondents 3 & 4 for compliance. In view of the above, recovery proceedings initiated against the appellant will be kept in abeyance, and recovery will be revived and proceeded against the appellant immediately on first default. The above judgment will not stand in the way of the appellant for availing benefit under OTS Scheme to settle the liability as an alternate to the above arrangement, if the appellant is entitled for the same. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg