IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 37754 of 2007(T) -------------------------------------- PETITIONER: ------------------- K. SUNANDA, D/O. ANANDAN, AGED 72 YEARS, NO OCCUPATION, PATHIRIYAD AMSOM, DESOM, P.O. PATHIRIYAD, THALASSERI TALUK. BY ADVS. SRI.P.P.RAMACHANDRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL. RESPONDENTS: ------------------------ 1. THE KADIRUR CO-OPERATIVE HOUSING SOCIETY LIMITED NO.C.425, REPRESENTED BY THE SECRETARY, P.O. KADIRUR, THALASSERY TALUK. 2. SPECIAL SALE OFFICER, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KANNUR. 3. ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL), THALASSERY. R1 BY SRI.P.V.SURENDRANATH. S.C, R2 & R3 BY GOVT. PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37754/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF THE LOAN PASS BOOK. EXT.P.2: COPY OF THE SALE NOTICE DTD. 03/12/2007 ISSUED BY THE R.2. EXT.P.3: COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.10,000/- ON 28/12/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37754 OF 2007 ------------------------------------------- Dated this the 19th day of March, 2010 JUDGMENT Heard. The petitioner, a senior citizen, a female, stated to be aged 72 years at the time of filling this writ petition in 2007, pleads that she could not pay off a housing loan availed in 2001. This has led to revenue recovery proceedings at the instance of the first respondent Housing Co-operative Society. Following interim orders, an amount of Rs.25,000/- has been remitted. Having heard learned counsel for parties, I do not find any ground to interfere with the impugned recovery proceedings. The transaction is not disputed. The rate of interest cannot be disputed. The only issue that could be had is for the petitioner to seek indulgence of the first respondent to give available reduction to the total outstandings. But this can be done only if the petitioner proceeds to pay off the remaining outstandings. Under such circumstances, it is ordered that if the petitioner WPC.37754/07 2 applies for any reduction in the total outstandings within a period of four weeks from now, she shall be extended such facility as may be available, on such terms as the bank thinks fit and appropriate. Such decision of the bank would be final and would be at its discretion having regard to the totality of the facts and circumstances and the commercial interest of the bank. To aid such process, status of recovery proceedings as on today will be maintained for three months. If the petitioner does not satisfy repayment in terms of the decision that the bank may render, the recovery proceedings can continue. Such decision would be taken by the bank within a period of two months from the receipt of the representation of the petitioner. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.20/03.