IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH DECEMBER 2007 / 13TH AGRAHAYANA 1929 WP(C).No. 20896 of 2007(K) -------------------------- PETITIONER: ------------ 1. SHANMUGHAN, S/O. GOPALAN, MANALTHODE, K.K.PATHI, CHITTUR TALUK, PALAKKAD DISTRICT. 2. NARAYANASWAMY, S/O. VEERASHA GOUNDER, KAITHAPPARA CHALLA, NATTUKAL P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 3. JANAKI, W/O. NATARAJ GOUNDER, 6TH MILE, VANNAMADA, CHITTUR TALUK,PALAKKAD DIST. 4. THANKANAYAKAM, W/O. GOPALASWAMY GOUNDER, SANKUMENON CHALLA, NATTUKAL P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 5. MAYILSWAMY, S/O. AYIMUTHU KOUNDER, MADUVANKALAM, K.K.PATHI P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 6. MURUGESAN, S/O. MAYILSWAMY KOUNDER, KULAKOUNDER CHALLA, KOZHIPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. 7. PREMAKUMARI, W/O. DEVADAS, MANALTHODU KUKLAM, 5TH MILE, KOZHIPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 8. SUBRAMANIAN, S/O. KALLAPPA VELAR, KUKPPAYANCHALLA, KOZHIPATHY P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 9. ARUMUGHA KOUNDER, S/O.CHADAYAPPA KOUNDER KULAKOUNDER CHALLA, K.K.PATHY P.O.,CHITTUR TALUK, PALAKKAD DISTRICT. 10. MUHAMMED HANEEFA, S/O.SHAMSUDHEEN, PARAKKALAM, KOZHINJANPARA P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------- THE CHITTUR PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, CHITTUR, PALAKKAD DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C) 20896/07 PETITIONER'S EXTS: EXT.P1: RUE COPY OF THE CIRCULAR NO: 57/2006 (A) DT. 28.11.2006 ISSUED BY THE REGISTRAR OF CO OP SOCIETIES TRIVANDRUM EXT.P2: -DO- OF THE AUCTION NOTICE DT. 23.5.2007 RECEIVED BY THE 1ST PETITIONER EXT.P3: -DO- 7/6/2007 RECEIVED BY THE 2ND PETITIONER EXT.P4: -DO- DT. 25.4.2007 RECEIVED BY THE 3RD PETITIONER EXT.P5: -DO- DT. 23.5.2007 RECEIVED BY THE 4TH PETITIONER EXT.P6: -DO- OF THE AUCTION NOTICE DT. 23.5.2007 RECEIVED BY THE 5TH PETITIONER EXT.P7: -DO- OF THE AUCTION NOTICE DT. 1.6.2007 RECEIVED BY THE 6TH PETITIONER EXT.P8: -DO- OF THE AUCTION NOTICE DT. 26.4.2007 RECEIVED BY THE 7TH PETITIONER EXT.P9: -DO- DT. 23.5.2007 RECEIVED BY THE 8TH PETITIONER EXT.P10: -DO- OF THE AUCTION NOTICE DT. 1.6.007 RECEIVED BY THE 9TH PETITIONER EXT.P11: -DO- OF THE AUCTION NOTICE DT. NIL RECEIVED BY THE 10TH PETITIONER jj /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.20896 of 2007-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of December, 2007. JUDGMENT 1.Learned counsel for the petitioners concedes that the conditions imposed as per the interim order dated 16-7-2007 were not complied with. 2.Heard learned counsel for parties on merits. 3.The loan is availed for a housing purpose and not for agricultural purpose. The circular relied on by the petitioners does not apply to the transaction. I do not find any legal infirmity or jurisdictional error in the impugned proceedings. Hence, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, Sha/ JUDGE.