IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5787 of 2009(P) ------------------------- PETITIONER(S): --------------- MATHEW THUNDIYIL, S/O.VARKEY, AGED 60 YEARS, THUNDIYIL HOUSE, PERUMKUDAL, CHERUPUZHA P.O., KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (SALE OFFICER), KANNUR DISTRICT CO-OPERATIVE BANK LIMITED, KANNUR. 2. KANNUR DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS SECRETARY, CHERUPUZHA BRANCH, KANNUR. ADV. SRI.P.NARAYANAN,SC,KANNUR DIST.CO.OP.BA FOR R2 R1 BY GP SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5787 OF 2009 ............................................ DATED THIS THE 24TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner is a debtor under an arbitration award under the Kerala Co-operative Service Act. That award is put in execution. The award having become final, there is no point in the petitioner stating that a passbook and accounts statement have not been given to him. If he has any grievance about the total amounts fixed for recovery, that is a matter which he has to bring to the notice of the Sale Officer, who can consider and decide on that issue. His next contention that only a portion of the property need be sold and that he could even arrange for a private sale of a smaller portion, if he is given some time, is also a matter which the Sale Officer can consider. Under such circumstances, it is unnecessary for this court to interfere with the impugned sale proceedings. This writ petition is hence dismissed without prejudice to the rights of the petitioner to move the first respondent Sale Officer in accordance with law. Even if the plea of the petitioner is regarding availability of a One Time Settlement Scheme or on the basis of the benefits of a circular issued by the Registrar, those are matters which could WP(C) 5787/2009 2 be worked out before the Sale Officer. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/25/2