IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 36457 of 2009(B) --------------------------------- PETITIONER(S): ------------------- RAMANA NAIK, AGED 70 YEARS, S/O. MALINGA NAIK, BAIKAJE HOUSE, BELLUR, KASARAGOD. BY ADVS. SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT(S): -------------------- THE THE KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. FF-113, KASARAGOD, REPRESENTED BY ITS SECRETARY-CUM-MANAGER. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 36457/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 23/10/2009 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36457/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of December, 2010 J U D G M E N T This writ petition is filed by the petitioner challenging steps for recovery of money initiated by the Sale Officer of the respondent-Bank. Ext.P1 is the notice issued by the Bank. The amount due is shown as Rs.3,27,519/- + other charges. 2. This Court passed an interim order dated 17/12/2009 staying further action for a period of one month on condition that the petitioner pays an amount of Rs.1.10 lakhs within the said period. Again the matter came up for hearing on 01/02/2010 and it was noticed that the condition has not been complied with by the petitioner. Therefore, this Court made it clear that if the condition in the interim order has not been complied with, then the Bank would be free to proceed with further action pursuant to Ext.P1. 3. Evidently, the notice Ext.P1 proposed the auction of the property on 18/12/2009. If the auction W.P.(C). No.36457/2009 -:2:- has been held already and if there are any grounds for the petitioner to challenge the same, the petitioner would be free to challenge it before the appropriate Forum. Even if the auction has been held and if the petitioner is prepared to remit the amount for getting the release of the property which was the subject matter of the auction, the Bank will consider the same and allow, concessions, if any, allowable under any relevant Scheme. With the above observation, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms