IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 36222 of 2007(K) -------------------------------------- PETITIONER: ----------------- ULAHANNAN JOHN, AGED 58 ,S/O. ULAHANNAN, MADASSERIL, KALAVOOR P.O., KATOOR MURI, KALAVOOR VILALGE, AMBALAPPYUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.MANJU ANTONEY RESPONDENTS: ---------------------- 1. CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK (CARD BANK) LTED NO.A 94, REPRESENTED BY ITS SECRETARY NEAR Y.M.C.A. BRIDGE, ALAPPUZHA, ALAPPUZHA DISTRICT PIN 688 001. 2. SPECIAL SALE OFFICER ALLEPPEY CARD BANK LTD NO.A 94, ALLEPPEY,ALLEPPUZHA DISTRICT. 3. THE STATE OF KERALA REPRESENTED BY CHEIF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. UNION OF INDIA REPRESENTED BY CHEIF SECRETARY TO GOVERNMENT NEW DELHI. R2 R3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN R4 BY ADV. SMT.MOLY.E.V., CGC R1 BY ADV. SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).36222/2007-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTICE DATED 01/12/2007 FROM THE RESPONDENTS. EXT.P2: COPY OF THE O.S. NO.129/06 FILED BY THE PETITIONER BEFORE THE HONOURABLE SUB COURT, ALAPPUZHA AGAINST RESPONDENTS 1, 2 AND OTHERS FOR COMPENSATION AND DAMAGES. EXT.P3: COPY OF THE WRITTEN STATEMENT DATED 23/06/2007 FILED BY THE RESPONDENTS 1 AND 2 IN EXT.P2. EXT.P4: COPY OF THE NEWS ITEM PUBLISHED IN JANMABHOOMI DAILY, DATED 22/09/2005 REGARDING PETITIONER. EXT.P5: COPY OF THE AWARD DATED 29/08/2000 PASSED BY LOK ADALATH OF DISTRICT LEGAL SERVICES AUTHORITY, ALAPPUZHA. EXT.P6: COPY OF THE JUDGMENT DATED 25/07/2001 IN O.P. NO.6263/01 PASSED BY THIS HONOURABLE COURT. EXT.P7: COPY OF THE SUBSEQUENT MODIFIED AWARD AT THE REQUEST AND INSISTENCE OF 1ST RESPONDENT, DATED 15/10/2001 PASSED BY LOK ADALATH. EXT.P8: COPY OF O.S.88/06 SUB COURT, ALAPPUZHA. EXT.P9: COPY OF CHEQUE AND RECEIPT DATED 02/11/2001. EXT.P10: COPY OF RATION CARD OF PETITIONER. EXT.P11: COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 15/05/2008. EXT.P12: COPY OF NEWS ITEM DATED 24/05/2008 IN MALAYALA MANORAMA DAILY. EXT.P13: COPY OF APPLICATION DATED 02/05/2000 FILED BY THE PETITIONER BEFORE THE SECRETARY OF MARARIKULAM SOUTH PANCHAYATH. EXT.P14: COPY OF REPORT DATED 07/07/2000 ISSUAED BY THE MEDICAL OFFICER IN CHARGE, P.H.CENTRE, CHETTINADU TO THE SECRETARY OF MARARIKULAM SOUTH PANCHAYAT. EXT.P15: COPY OF APPLICATION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 02/08/2000. EXT.P16: COPY OF DEMAND NOTICE DATED 12/08/2000 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER REGARDING THE LOAN TRNASACTION. EXT.P17: COPY OF COMPLAINT FILED BY THE PETITIONER TO THE TALUK LEGAL SERVICE COMMITTEE, AMBALAPUZHA DATED 23/08/2000. EXT.P18: COPY OF COMPLAINT FILED BY THE PETITIONER TO THE TALUK LEGAL SERVICE COMMITTEE, AMBALAPPUZHA DATED 24/08/2000. W.P.(C).36222/2007-K EXT.P19: COPY OF THE LETTER DATED 29/08/2000 ISSUED BY THE D.M.O. ALAPPUZHA TO THE SECRETARY OF MARAROKULAM SOUTH PANCHAYATH. EXT.P20: COPY OF COMPLAINT DATED 31/08/2000 FILED BY THE PETITIONER BEFORE THE ADALATH. EXT.P21: COPY OF DIFFERENT NEWS PAPER ITEMS DATED 17/11/2001 REGARDING THE PETITIONER. EXT.P22: COPY OF PROOF AFFIDAVIT IN THE SUIT FOR DAMAGES DATED 14/11/2007 FILED BY ME BEFORE THE SUB COURT, ALAPPUZHA IN O.S.129/2006. EXT.P23: COPY OF NEWS ITEM DATED 06/12/2007 PUBLISHED IN RASTRA DEEPIKA REGARDING THE PETITIONER. EXT.P24: COPY OF NOTICE DATED 28/01/2008 PUBLISHED BY THE PETITIONER. EXT.P25: COPY OF NEWS ITEM DATED 29/01/2008 PUBLISHED IN KERALA KAUMADI DAILY. EXT.P26: COPY OF NEWS ITEM DATED 12/03/2008 PUBLISHED IN MALAYALA MANORA DAILY. EXT.P27: COPY OF NEWS ITEM DATED 04/03/2008 PUBLISHED IN MALAYALA MANORAMA DAILY. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF APPLICATION DATED 14/03/2000 SUBMITTED BY THE PETITIONER. EXT.R1(b): COPY OF ORDER DATE 01/04/2000. EXT.R1(c): COPY OF ORDER IN O.P.NO.(A)341/2000 DATED 29/01/2001. EXT.R1(d): COPY OF JUDGMENT IN O.P.NO.30726 OF 2000 DATED 16/03/2001. EXT.R1(e): COPY OF JUDGMENT IN O.P.NO.36062 OF 2001 DATED 31/01/2002. EXT.R1(f): COPY OF JUDGMENT DATED 13/10/2003 IN O.P. NO.29560 OF 2002. EXT.R1(g): COPY OF THE ORDER DATED 29/04/2005 IN O.P. NO.A.237/04 BY THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA. EXT.R1(h): COPY OF DEMAND NOTICE DATED 08/08/2002 ISSUED TO THE PETITIONER. EXT.R1(i): COPY OF REGISTERED NOTICE DATED 05/11/02 ISSUED TO THE PETITIONER. EXT.R1(j): COPY OF RESOLUTION NO.532 PASSED BY THE BOARD OF DIRECTORS OF THE BANK ON 17/03/2003. EXT.R1(k): COPY OF APPLICATION DATED 29/10/2007 SUBMITTED BY THE BANK BEFORE THE 2ND RESPONDENT. // TRUE COPY // P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.36222 of 2007-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of July, 2008. JUDGMENT 1.Heard the learned counsel for the petitioner. 2.Read the order dated 26-5-2008. The matter was thereafter taken up by the Lok Adalath. The bank offered very many deductions and even agreed to reschedule the transaction. However, it was not acceptable to the learned counsel for the petitioner. The matter is again listed before this Court. I have considered the materials on record. I do not find any legal infirmity or jurisdictional error in the impugned proceedings. Though the learned counsel for the petitioner argued that Ext.P1 notice did not give a period of two months as per the statute, that makes no difference WP(C)36222/2007 -: 2 :- because the said prescription is only with the intention to provide an opportunity to wipe off the amount and cannot be treated as a jurisdictional issue, particularly when the petitioner, admittedly, is not inclined to wipe off the outstandings. I have also gone through the submission dated 27-6-2008 and calculation statement which the bank had placed before the Adalath. I am satisfied that the bank had done its best to give an opportunity to the petitioner to save himself from distress action. Accordingly, this writ petition is ordered directing that the bank will provide the petitioner the benefit offered before the Adalath, if the petitioner appears before the bank and concedes to that and executes necessary documents on or before 31-7-2008. Otherwise, this writ petition will stand dismissed on all counts and the bank will be at liberty to forthwith proceed with further action. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/180708