IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 4851 of 2010(F) -------------------------------------- PETITIONER(S): ---------------------- MR. BALAKRISHNAN, S/O. AYYAPPAN, KARIPPACHAN HOUSE, THOYAKAVU DESOM & P.O. PAVARATTY, THRISSUR DIST. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): ------------------------- 1. CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY, REG. NO.344, PAVARATTY.P.O.,THRISSUR DISTRICT, PIN-680 561, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY, REG.NO.344, PAVARATTY.P.O., THRISSUR DISTRICT, PIN 680 561. 3. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR DISTRICT. R1 & R2 BY ADV. SRI.N.J.JOHNSON, SRI.M.ASHRAF. R3 BY GOVT. PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4851/2010-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISCHARGE SUMMARY ISSUED FROM JUBILEE MISSION HOSPITAL, THRISSUR. EXT.P2: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR. EXT.P3: COPY OF THE REPRESENTATION DATED 17/09/2009 SUBMITTED TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DATED 29/09/2009 IN WP(C) NO. 27220/2009 PASSED BY THIS HONOURABLE COURT. EXT.P5: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 30/11/2009 TO THE PETITIONER. EXT.P6: COPY OF THE AGREEMENT DATED 04/02/2010. EXT.P7: COPY OF THE DEMAND DRAFT DATED 04/02/2010 DRAWN ON SOUTH INDIAN BANK LTD. EXT.P8: COPY OF THE REPRESENTATION DATED 04/02/2010 SUBMITTED BY THE PETITIONER TO THE RESPONDENT BANK. EXT.P8 (I.A.17244/2010): COPY OF THE CIRCULAR DATED 20/08/2010 BEARING NO.49/2010. EXT.P9: COPY OF THE REPRESENTATION DATED 06/12/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.4851 OF 2010 -------------------------------------------- Dated this the 10th day of December, 2010 JUDGMENT The petitioner along with his mother had availed a housing loan of Rs.95,000/- from the first respondent-society. The default in repayment of instalments towards the said loan account constrained the first respondent- society to resort to arbitration proceedings. During the pendency of the arbitration proceedings, petitioner's mother passed away. Ultimately, for the purpose of recovering the amount due towards the said loan account, the first respondent-society issued demand notice to the petitioner. On obtaining such demand notice, the petitioner has submitted Exts.P8 and P9 representations before the first respondent-society. 2. When this matter is taken up for consideration, the learned counsel for the petitioner submitted that the petitioner would confine his prayer to one for a direction to the second respondent to consider Ext.P9 in terms of the relevant circular referred to thereunder. The learned standing counsel for the second respondent submitted that the second respondent would consider Ext.P9 in terms of circular referred thereunder. This is W.P.(C) NO.4851/2010 2 recorded. Accordingly, there will be a direction to the second respondent to consider the claim of the petitioner raised as per Ext.P9 representation in the light of the circular referred thereunder. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.4851/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010