IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 4997 of 2008(T) ------------------------------------- PETITIONER: ------------------- P. MOHANAN, AGED ABOUT 50 YEARS, S/O. P. NANU,PARAPARAMBATH VEEDU,KOTTAYAM ERUVATTY, P.O. KOTTAYAM POYIL, THALASSERY TALUK. BY ADV. SRI.P.M.HABEEB. RESPONDENTS: ------------------------ 1. SECRETARY, KATHIROOR CO-OPERATIVE SOCIETY LTD., KATHOOR. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THALASSERY. 3. THE SPECIAL SALE OFFICER, O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THALASSERY. 4. JOINT REGISTRAR, CO-OPERATIVE SOCIETY, KANNUR. R2 TO R4 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, R1. BY ADV. SRI.P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4997/2008-T: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL, KANNUR, DTD. 07/08/2004. EXT.P.2: COPY OF THE FORM NO. VI NOTICE FOR AUCTION OF THE PETITIONER'S PROPERTY. EXT.P.3: COPY OF THE FORM NO. 8 (RULE 81 (E) NOTICE DTD. 15/01/2008. EXT.P.4: COPY OF THE APPLICATION TO THE R.3. EXT.P.5: COPY OF THE POSTAL RECEIPT DTD. 21/01/2008. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.4997 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2008. JUDGMENT 1.The petitioner has complied with the conditions imposed regarding payments, as per the order dated 12-2-2008. 2.Petitioner availed a housing loan. He defaulted repayment. Proceedings were initiated. The amount due from the petitioner was settled as Rs.1,75,484/- as on 25-5-2007. I do not find any legal infirmity or jurisdictional error in the impugned proceedings. 3.The limited plea of the petitioner is that he is a physically challenged person with 40% disability attributable as post polio residual disability of the left lower limb and that he may WP(C)4997/2008 -: 2 :- be permitted to pay off the outstandings to avoid dispossession of the residential building. 4.Having regard to what is aforesaid and having heard learned counsel for parties, it is directed that if the petitioner continues to remit at the rate of Rs.7,000/- per months, following the interim order dated 12-2-2008 and thereby wipes off the entire outstandings, including all accruals, the impugned distress action will stand dropped, however, that if there is default in remitting any of the instalments as aforesaid, the benefits of this judgment shall stand recalled automatically and the respondents will be at liberty to forthwith proceed with the distress action. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030608