IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5757 of 2008(I) ------------------------- PETITIONER: ------------------ P.K.KURUVILA, PALATHANATHU HOUSE, PALLIPRATHUSSERY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.MOHAN IDICULLA ABRAHAM SMT.PUSHPY B.MURICKEN RESPONDENTS: ---------------------- 1. THE SALE OFFICER, ARBITRATION AND EXECUTION, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, VAIKOM-6882 141, KOTTAYAM. 2. THE SECRETARY, VAIKOM PALLIPRATHUSSERY SERVICE CO-OPERATIVE BANK LIMITED NO.923, PALLIPRATHUSSERY P.O., T.V.PURAM, VAIKOM, KOTTAYAM DISTRICT. R1 BY SR.G.P.SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-2-2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.5757 of 2008 ================================== Dated this the 18th day of February, 2008. JUDGMENT Learned senior Government Pleader appears for the first respondent. Having regard to the nature of the directions being issued hereunder, notice to the second respondent is dispensed with, preserving his liberty to move for review of this judgment, if aggrieved. 2. Petitioner availed a loan that has now led to a recovery fixed for Rs.19,638/- by sale of a parcel of wet land. The sale is listed to 19-2-2008. The only request he has made in Ext.P3 is that he may be permitted to pay the amounts in instalments. 3. Having heard the learned counsel for the petitioner and having regard to the WPC5757/2008 -:2:- amounts involved, this writ petition is disposed of directing that if the petitioner remits an amount of Rs.5,000/- at or before the time fixed for sale and continues to remit the remaining amounts covered by the award in five equal monthly instalments, payable on or before the last working day of every month commencing from March, 2008, the impugned distress action shall be dropped. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.