IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 12545 of 2010(P) ----------------------------------------- PETITIONER(S): ------------------------- 1. GEORGE MATHEW, MUTHANATTU HOUSE, THALANADU PO ERATTUPETTA, KOTTAYAM DISTRICT. 2. ROSAMMA GEORGE MUTHANATTU HOUSE, THALANADU PO ERATTUPETTA, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): -------------------------- 1. THE GRIEVANCE REDRESSAL OFFICER (ADWDRS 2008 THE THALAPALAM SERVICE CO-OPERATIVE BANK LTD NO.3937, PLASSNAL PO, KOTTAYAM DISTRICT. 2. THE THALAPALAM SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS SECRETARY PLASSNAL PO, KOTTAYAM DISTRICT 3. SHINE SEBASTIAN VELANKUNNEL HOUSE, EDAMARUKU PO, KOTTAYAM DISTRICT R2 BY ADVS. SRI.P.V.BABY, SRI.R.KIRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, ALONG WITH WPC NO. 17896 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) Nos.12545 & 17896 OF 2010 ......................................................................... Dated this the 1st December, 2010 J U D G M E N T The petitioners in both these cases have approached this court with the following prayers: The prayers in W.P.(C) No. 12545 OF 2010: “i. Issue a writ of mandamus directing the respondent No.1 to dispose of Ext.P2 petition in the light of Ext.P1 Debt Waiver Scheme, after giving a chance of being heard to the petitioners within the time limit fixed by this Hon'ble Court in the interest of justice. ii. Issue any other appropriate writ order or direction that this Hon'ble Court deems fit under the facts and circumstances of the case.” The prayers in W.P.(C)No.17896 OF 2010: “i. Issue a writ of mandamus directing the respondents No. 2 & 4 to keep in abeyance all further proceedings pursuant to Ext. P3 auction notice pending disposal of Ext. P1 petition by respondent No.1 in the interest of justice. W.P.(C) Nos.12545 & 17896 OF 2010 2 ii. Issue any other appropriate writ, order or direction that this Hon'ble Court deems fit under the facts and circumstances of the case.” 2. Heard the learned Counsel for the petitioners as well as the learned Counsel for the respondents. 3. During the course of hearing, the learned Counsel for the petitioners submits that the petitioners do not intend to press any of the grounds raised in the writ petitions and that the only relief now pressed before this court is to permit the petitioners to clear the liability by way of 'ten' equal monthly installments . 4. The learned Counsel for the Bank, on instruction, submits that the respondents do not have any objection in this regard; subject to the condition that the petitioners honour their commitment as undertaken before this court. 5. In the above circumstance, both the Writ Petitions are disposed of, directing the petitioners to clear the entire liability by way of 'ten' equal monthly installments, the first of which shall be effected on or before 30.12.2010 to be followed by similar installments to be effected on or before the last working W.P.(C) Nos.12545 & 17896 OF 2010 3 day of the succeeding months. Subject to the above, the recovery proceedings, if any, stated as being pursued against the petitioners shall be kept in abeyance. It is made clear that if any default is committed by the petitioners in satisfying the liability as above, the respondents will be at liberty to proceed in accordance with law, for realisation of the entire amount in a lump. The Writ Petitions are disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk