IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7668 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------ 1. THRESSIAMMA SEBASTIAN, 74 YEARS, W/O. LATE DEVASSIA, KARIKAVLAYIL HOUSE, ANTHIN NADU.P.O, KOLLAPPILLY, PALA, KOTTAYAM DISTRICT. 2. JANCY SEBASTIAN, AGED 43 YEARS, W/O. SEBASTIAN, KARIKAVLAYIL HOUSE,ANTHIN NADU.P.O, KOLLAPPILLY, PALA, KOTTAYAM DISTRICT. 3. K.S. SEBASTIAN @ THANKACHAN, 47 YEARS, S/O. LATE DEVASSIA, KARIKAVLAYIL HOUSE,ANTHIN NADU.P.O, KOLLAPPILLY, PALA, KOTTAYAM DISTRICT. 4. SHAJI SEBASTIAN, 42 YEARS, S/O. LATE DEVASSIA, KARIKAVLAYIL HOUSE,ANTHIN NADU.P.O, KOLLAPPILLY, PALA, KOTTAYAM DISTRICT. BY ADV. MR.A.F.SEBASTIAN RESPONDENT(S): -------------------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REP. BY THE AUTHORISED OFFICER, P.B. NO. 140, KOTTAYAM - 686 001. 2. NABARD, REP. BY THE CHIEF GENERAL MANAGER, KERALA REGIONAL OFFICE, P.O. BOX NO. 5613, PUNNEN ROAD, STATUE, THIRUVANANTHAPURAM - 695 039. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS. BY ADV. MR. T.A. SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7668 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of March, 2009. JUDGMENT 1.The petitioners owe certain amounts to the first respondent. Two of them came to this Court and obtained Ext.P7 judgment in February, 2007 to the effect that they would pay the entire outstandings by 31.3.2007. Nearly two financial years have now gone through after that. Again in 2007 July, one of those who did not join in Ext.P7, moved another writ petition and obtained Ext.P8 recording the submission of the bank that only a portion of the property would be sold, if sale becomes necessary. Again, the four petitioners herein moved this Court in December, 2008 and obtained Ext.P9 judgment wherein after hearing the parties, it was recorded that they would pay off the outstandings at the rate of Rs.75,000/- per month payable from January, 2009. WP(C)7668/2009 -: 2 :- Even without paying the instalments due under that judgment in January and February, 2009, this writ petition is filed on the premise that the sale is listed to 14.3.2009. 2.Obviously, the listing of the sale is the consequence of the non-compliance of the directions in Ext.P9 regarding the payment in instalments. The petitioners state that Ext.P6 has now been issued by the Village Officer which shows that the property that was given a security property is agricultural land and that the petitioners could not obtain such a certificate earlier. They also say that they are entitled to Ext.P3 debt waiver scheme. Those issues ought to have been raised and agitated at earlier points of time, at least, in Ext.P9 writ petition. That not having been done, as of now, I am inclined to consider only one plea of the petitioners, particularly that the sale of a portion of the property as WP(C)7668/2009 -: 3 :- shown by the petitioners in Ext.P10 would be sufficient to wipe off the outstandings. Therefore, repelling all other contentions as a last resort, it is ordered that if the petitioners provide a purchaser for 10 cents or more in terms of what is demonstrated by the rough sketch in Ext.P10 or otherwise liquidate the outstandings, the bank will release the documents after receiving the payment on or before 28-3-2009 so that the petitioners can execute the sale. No other ground arises for decision. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120309