IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 9080 of 2010(H) ------------------------- PETITIONER(S): --------------- PRAMEELA, W/O.SREEDHARAN, PULLOKKARAN HOUSE, VARAKKARA DESOM, P.O.VARAKKARA, AMBALLOOR VILLAGE. BY ADV. SRI.M.H.HANIS RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE SPECIAL SALE OFFICER THRISSUR DISTRICT CO-OPERATIVE BANK LTD.NO.60, HEAD OFFICE, KOVILAKATHUMPADAM, THRISSUR-22. 3. THE SECRETARY, THRISSUR DISTRICT CO-OPERATIVE BANK, PUDUKKAD BRANCH, THRISSUR. BY STANDING COUNSEL P C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 9080/2010) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF TITLE DEED IN FAVOUR OF PETITIONER AND HER HUSBAND, NO.7251/1/2000 DTD. 26.12.2000. EXT.P2 TRUE COPY OF AUCTION NOTICE ISSUED BY 2ND RESPONDENT. //TRUE COPY// lgk K.SURENDRA MOHAN, J ........................................... WP(C).NO.9080 OF 2010 ............................................ DATED THIS THE 27TH DAY OF MAY, 2010 JUDGMENT The petitioner has filed this writ petition challenging the action of the respondents in proceeding to sell the property of the petitioner in public auction. The petitioner's husband had availed a loan of Rs.75,000/- from the third respondent for the construction of a residential house. However, the amount could not be repaid and the bank initiated steps for recovery of the amount due by sale of the property, which is in the joint names of the petitioner and her husband. As per the interim order dated 18.3.2010 passed in this case, an amount of Rs.50,000/- was remitted by the petitioner. It is submitted that a further amount of Rs.75,000/- has been paid by the petitioner towards the amounts demanded by the bank. The petitioner prays for the grant of two months time to pay the balance amount that is due. Since the petitioner has already paid an amount of Rs.75,000/-, an opportunity could be given to her to save her property from being sold for the realization of the amount due to the Bank. Wpc 9080/2010 2 2. In the above circumstances, this writ petition is disposed of directing the petitioner to pay the entire amount that is due to the third respondent bank on or before 31.7.2010. If the amount is not paid within the time stipulated above, the bank will be free to proceed with necessary steps to realize the amount due to them by sale of the petitioner's property. K.SURENDRA MOHAN, JUDGE lgk