IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21243 of 2005(D) -------------------------------------- PETITIONER: ------------------ DHANABHAGYAM, AGED 32 YEARS, W/O. LATE BALASUBRAMANIAN, ELIPPARAKALAM, KOZHIPPARA, VADAKARAPATHY VILLAGE,CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.K.RAVINDRANATH RESPONDENTS: ---------------------- 1. CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.P-619, CHITTUR P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. SALE OFFICER, CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., CHITTUR P.O. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. R3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN R1 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).21243/2005-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 04/06/2005 SIGNED BY 1ST RESPONDENT. EXT.P2: COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 12/07/2002. EXT.P3: COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 17/03/2005. EXT.P4: COPY OF THE GUARDIAN ORIGINAL PETITION DATED 28/06/2005, BEFORE THE COURT OF THE DISTRICT JUDGE, PALAKKAD. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.21243 of 2005 ================================== Dated this the 17th day of July, 2008. JUDGMENT Petitioner states that she is the widow of late Balasubramanian, who had availed two different loans from the first respondent and thereafter committed suicide after killing two of his elder daughters. She, as pleaded, is taking care of the two minor children and depends on milking cows etc. for her sustenance. In spite of the interim order directing respondents 1 and 2 to place on board any proposal to sell only a portion of the mortgaged property, no such material has been placed. 2. Having regard to the totality of the facts and circumstances, it is directed that the first respondent will consider waiving the entire penal interest and also a major portion of the interest accrued on the loan account in question and either WPC21243/05 -:2:- let the petitioner pay the remaining amounts in instalments or sell such portion of the mortgaged property, as may be required, to wipe off the outstandings and treat the loan account as closed. This judgment is issued in the extra-ordinary facts and circumstances of the case. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.21.7