IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9932 of 2009(J) ------------------------------------ PETITIONER(S): ---------------------- K.P. MUSTHAFA, S/O. K.P. MOHAMMED (LATE). KATTILPEEDIYEKKAL HOUSE, MEENADATHUR PO, MALAPPURAM (DT). BY ADV. MR.T.K.AJITH KUMAR MR.P.VINODKUMAR RESPONDENT(S): ------------------------ 1. TIRUR CO-OPERATIVE AGRICULTURERAL RURAL DEVELOPMENT BANK LTD., TIRUR P.O., MALAPPURAM (DT), REPRESENTED BY ITS SECRETARY, 2. THE ASST. REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, TIRUR, MALAPPURAM (DT). R2 BY GOVERNMENT PLEADER MR.K.C.SANTHOSH KUMAR R1 BY ADV. MR.V.G.ARUN ADV. MR.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9932 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. JUDGMENT One Sri.Mohammed obtained Ext.P1 judgment from this Court in March, 2008. He was given the facility to pay off the entire outstandings in instalments and also to enjoy the benefit of any circular that would be available to him. Unfortunately, he died immediately after the judgment. After nearly an year, this writ petition is filed by his eldest son on the premise that the bank will not stand by the decision that was taken in an adalath. The petitioner seeks a direction to the first respondent to abide by the offer made in the adalath. It is not for this Court to sit to decide as to what was the offer in the adalath and what was the decision in the adalath, particularly when the adalath decision is not WP(C)9932/09 -: 2 :- placed on record by the petitioner. The learned counsel for the bank states that whatever benefits due to the petitioner would be extended, however that, in terms of the existing schemes, the petitioner has to pay the amounts on or before 31.3.2009. The institution of this writ petition cannot be used to further drag on the matter. Hence, this writ petition is dismissed without prejudice to the right of the petitioner to appear before the bank and settle the transaction before 31.3.2009 in terms of the adalath decision. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270309