IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 20415 of 2008(E) -------------------------------------- PETITIONER: ------------------- M.K.SANTHI, 46 YEARS, W/O.SASI MONY.R.V. R.V.BHAVANAM PO., RAMAPURAM DESOM, MEENACHIL, PALA. BY ADV. SRI.SURESH JOSE RESPONDENTS: ----------------------- 1. KIZHATHADIYOOR SERVICE CO.OP.BANK LTD, KIZHATHADIYOOR, MEENACHIL, PALA, KOTTAYAM, REP. BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, INSPECTOR OF CO.OP SOCIETIERS, KIZHATHADIYOOR SERVICE CO.OP.BANK LTD., 3. R.VELAYUDHAN, AGED 85, S/O.RAMASARYU, R.V.BHAVANAM, RAMAPURAM, BASAR PO., 4. JONYKUTTY, AUGUSTINE, OOTUPUZHAYIL AGED 55 YEARS, S/O.AUGUSTINE, R.V.BHAVANAM RAMAPURAM BAZAR PO. 5. THE DISTRICT COLLECTOR, KOTTAYAM ADV. SRI.P.C.HARIDAS FOR R1 SENIOR GOVT. PLEADER SMT. ANU SIVARAMAN FOR R2 & R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.20415 OF 2008 (E) ---------------------------------------------------------------- Dated this the 7th day of August, 2008 J U D G M E N T This writ petition is filed in relation to a sale in execution of an arbitration award under the Kerala Co-operative Societies Act, 1969. The allegation of the petitioner is that the loan was availed for transplanting pineapple pines and that the said activity failed. Certain other personal reasons are also pleaded in the writ petition. 2. The petitioner moved this Court earlier and obtained judgment dated 27-3-2008 in W.P.(C) No.10273/2008 whereby certain directions were issued. That did not work out. However, since the petitioner pleaded that the transaction was for an agricultural loan, this writ petition was entertained and the sale proceedings are with held in terms of the interim order. But along with the counter affidavit, the first respondent has placed the loan documents as Ext.R1(a), which clearly states that the loan availed was for “business” purposes and that the agreement was also W.P.(C) No.20415/2008 - 2 - that the loan shall be repaid by 12-4-2007. Under such circumstances, the petitioner's loan is not an agricultural loan. 3. Faced with the aforesaid situation, the learned counsel for the petitioner, giving up all other contentions, confined his submissions to a request for one months' time to pay off the entire outstandings. Under such circumstances, this writ petition is ordered directing that the impugned sale will not be held for a period of one month from today, as a last opportunity. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/8/8 // True copy // P.A. to Judge.