IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 29315 of 2008(M) --------------------------------------- PETITIONER(S): ----------------------- DEVAKI, W/O.KUMARAN, AGED 60 YEARS, MANHAKKAT VALAPPIL, PIDAVANNOOR POST, CHANGARAMKULAM VIA, MALAPPURAM DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): ------------------------- 1. PONNANI TALUK RURAL HOUSING SAHAKARANA SANGHAM LIMITED NO.M.16,PONNANI REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL ARBITRATOR/SALE OFFICER, PONNANI HOUSING CO-OPERATIVE SOCIETY, OFFICE OF THE SPECIAL ARBITRATOR/SALE OFFICER, PONNANI HOUSING CO-OPERATIVE SOCIETY, PONNANI. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PONNANI. ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------- W.P.(C.) No. 29315 of 2008 --------------------------------- Dated, this the 3rd day of November, 2008 J U D G M E N T The petitioner availed loan from the 1st respondent. She defaulted in repayment. This led to arbitration proceedings and an award under the Kerala Co-operative Societies Act. The Bank put that in execution and the property was sold in action. The Bank bid it and the sale was confirmed in its favour. Therefore, all that the petitioner can aspire now is to have reconveyance of the property, and also to request for the benevolence of the Bank being extended by slashing the total outstandings, having particular regard to the fact that the petitioner is a senior citizen and states that she is left with no regular employment and that the loan was availed for repair of her residence. She states that she has only meagre income as a cooli labourer. It is also stated that her son, who was running a small shop has also closed it down owing to fall in WP(C) No.29315/2008 -2- transactions. Having regard to what is aforesaid, it is directed that the Bank will consider Ext.P2, sympathetically, and take a proper decision having regard to the totality of the facts and circumstances, and will take a decision regarding the request of the petitioner for re-conveyance and slashing the total outstandings, particularly, because the petitioner has, in obedience to the interim order, deposited Rs.50,000/-. Let the needful be done by the Bank, within an outer limit of one month from the date of receipt of a copy of this judgment, and on any decision to reconvey, that shall be at the expense of the petitioner and upon remittance of the entire amount as may be fixed by the Bank. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) jg