IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 19686 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. C.SASI,S/O.CHELLAPPAN NADAR, AGED 49 YEARS,RESIDING AT SOWMYA BHAVAN, CURIKODE P.O. VELLANADU, THIRUVANANTHAPURAM. 2. L.J. MARY D/O.LEELA,AGED 35 YEARS, RESIDING AT SOWMYA BHAVAN,CURIKODE P.O. VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SPECIAL ARBITRATOR CUM SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., REGIONAL OFFICE, VANCHIYOOR, TRIVANDRUM. 4. THE POOVACHAL RURAL HOUSING CO-OPERATIVE SOCIETY NO.355,POOVANCHAL P.O., TRIVANDRUM REPRESENTED BY ITS SECRETARY. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19686 of 2009 --------------------------------- Dated, this the 14th day of July, 2009 J U D G M E N T It is stated that during the year 1994-95, the petitioners had availed of a housing loan from the 4th respondent Society. Towards security, they had offered a plot of 10 cents belonging to the 1st petitioner and another plot of 5 cents belonging to the 2nd petitioner. Default was committed in repayment resulting in an arbitration award against the petitioners. Subsequently, in E.P.No.1274/2006, mortgaged properties were also attached. After several rounds of litigations, the properties are now brought to sale by Ext.P8, and the sale is scheduled to take place on 16/07/2009. 2. The learned counsel for the petitioners submit that the petitioners ought to have been extended the concessions announced by Ext.P5 circular. In this context, what is noticed is that when claiming the aforesaid concessions the petitioners filed WP(C) No.4275/2009, by Ext.P6 judgment, this Court disposed of that writ petition leaving it open to the petitioners to claim the said benefit. WP(C) No.19686/2009 -2- Nothing has been placed on record to indicate that the benefit was claimed. If that be so, the complaint now made lacks merit and is only to be rejected. 3. Finally, the learned counsel now contends that the amount sought to be realised is Rs.2,19,719/- along with other charges. It is stated that for realising this amount, it is not necessary to sell both the plots and if one of the plots is sold, it would fetch sufficient amounts to liquidate the debt. 4. Taking into account this contention, this writ petition is disposed of directing that the 3rd respondent shall initially sell the plot belonging to the 2nd petitioner having an extent of 5 cents and sell the other plot of 10 cents belonging to the 1st petitioner, only if the sale proceeds realised by sale of the 1st plot is insufficient to liquidate the entire liability. The petitioners to produce a copy of this judgment before the 3rd respondent, who shall do the needful in the matter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg