IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 5400 of 2008(P) ------------------------- PETITIONER(S): --------------- CHANDRIKA, AGED 48 YEARS, W/O. NARAYANAN, KUNNAMKULATH HOUSE, PANTHALLUR, KADAMBODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- THE PANTHALLUR SERVICE CO-OPERATIVE BANK LTD., PANTHALLUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.N.HARIDAS FOR R1 SRI.P.N.SASIDHARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ---------------------------------- W.P.(C) NO. 5400 OF 2008 --------------------------------------- Dated this the 29th day of October, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from her to the respondent bank. The bank initiated recovery proceedings by filing ARC No.839 of 2002 and obtained a decree. E.P.No.8.2005 was filed in which the mortgaged property of 49.9 cents in R.S.No.116/5 of the Panthallur Village belonging to the petitioner was put for sale. The respondent society itself purchased the property in auction for an amount of Rs.1,07,894/-, which was adjusted against the decree debt. Petitioner now seeks a direction to the respondent to reconvey the property to the petitioner on payment of the entire amounts due. The counsel for the petitioner submits that the petitioner is prepared to pay the amount as calculated by the respondent as a condition for a reconveyance of the property to the petitioner. The respondent has filed an objection stating that now that the property has become that of the respondent, they cannot take a decision to reconvey the property to the petitioner since it would be a precedent and other similar defaulters would also seek the same relief. However, the counsel would submit that if this court so directs and if the petitioner pays the entire amounts due with interest up W.P.(C) NO. 5400 OF 2008 2 to date and all expenses including expense for reconveyance of the property, the property can be reconveyed. 2. Taking into account the facts and circumstances of the case, I feel that the respondent can take a lenient view in the special circumstances available in this case. Accordingly the writ petition is disposed of directing the respondent to reconvey the property in question to the petitioner after realising all amounts due from the petitioner to the bank in respect of the loan transaction. The respondent shall issue to the petitioner a communication within two weeks from the date of receipt of a copy of this judgment, stating the amount the petitioner has to pay for reconveyance of the property. The reconveyance shall be effected within a further period of one month from the date of payment of the said amount. The entire expenses for executing the reconveyance deed shall also be borne by the petitioner. S.SIRI JAGAN, JUDGE. pm W.P.(C) NO. 5400 OF 2008 3