IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30678 of 2008(B) -------------------------- PETITIONER(S): --------------- NARAYANAN.K., KALLAYYATHU, PEROOR, THATTARKONAM P.O., KOLLAM-5. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 2. THE SECRETARY, GOVT. EMPLOYEES CO-OPERATIVE BANK NO.57, CIVIL STATION P.O., KOLLAM-13. R1 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30678 OF 2008 ------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT The petitioner availed a loan from the second respondent. The case is that he does not have any other income or assets, movable or immovable, except the pension of Rs.3,935/-. If that be so, the question would be as to whether there could be any attachment on that pension and further, as to whether there could be any distress action against any item of property, over which the petitioner has title. He says that he and his children reside in a house that belongs to his wife who deserted them and who has a decree in her favour, the effect of which is that the petitioner has only a right of residence till his death. These may be defences when execution proceedings are taken up under the Kerala Co-operative Societies Act and Rules. If the petitioner makes a request to the second respondent, the second respondent can consider whether the petitioner could be permitted to pay the amounts in instalments. Subject to that, noting survives in this writ petition. It is, hence, closed leaving open all contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.