IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 35079 of 2008(A) -------------------------- PETITIONER(S): --------------- ALYAMMA W/O.MATHEW CHERUKARA HOUSE, MANTHONI, POONCHOLA P.O. POTTASERY, MANNARKAD, PALAKKAD. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE MANNARKAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.P.934 REP.BY THE SECRETARY, MANNARKAD, PALAKKAD. 2. SPECIAL SALE OFFICER THE MANNARKAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.P.934 REP.BY THE SECRETARY, MANNARKAD, PALAKKAD. 3. STATE OF KERALA G. REP.BY THE SECRETARY TO GOVT.CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.35079 OF 2008 ------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader for respondents 2 and 3. Notice to the first respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. The petitioner availed a loan, defaulted repayment and action has been taken under the provisions of the Kerala State Co-operative Agricultural & Rural Development Act. After arguing the matter for some time, learned counsel for the petitioner confined her submissions to a request that the petitioner may be given an opportunity to pay off the remaining outstandings in instalments. Recording this submission and repelling all other contentions, it is directed that if the petitioner remits amounts at the rate of Rs.10,000/- per month, payable on or before the 15th of every month commencing from December, 2008, distress action will stand deferred and ultimately dropped. WPC.35079/08 Page numbers However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.