IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WA.No. 2475 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.25683/2009 Dated 27/10/2009 ARC.156/1999 of SUB COURT, TIRUR (EP. 4/2009) .................... APPELLANT(S): PETITIONER ------------------------ K.NARAYANAN, AGED 84 YEARS, S/O.KOKKAYIL KUNHIKUTTAN, KOKKAYIL HOUSE, P.O.NEDUVA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMMED RAVUF RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SECRETARY, THE PARAPPANANGADI REGIONAL HOUSING CO-OPERATIVE SOCIETY LTD.NO. (M) 38, P.O.PARAPPANANGADI. 2. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRUR. ADV.SRI.V.RAJENDRAN-R1 SENIOR GOVERNMENT PLEADER SRI.BENNY GERVASIS- R2,R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2475 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. The writ petitioner approached this Court aggrieved by the steps taken by the 1st respondent-Society for recovery of the dues. The learned Single Judge dismissed the Writ Petition on the ground that the writ petitioner had not compiled with the impugned order. When the Writ Appeal came before us, we directed the appellant/petitioner to pay an amount of Rs.40,000/-. It is submitted that the said amount has been paid. In the peculiar circumstances of the case, the appellant/petitioner prays for an opportunity to approach the Tribunal by way of revision. It is also submitted that pending decision by the Tribunal, the appellant will pay an amount of Rs.30,000/- per month starting with the month of December 2009. 2. Having heard the learned Government Pleader and also the counsel appearing for the petitioner, we are of the view that an opportunity W.A. NO.2475 of 2009 2 should be given to the petitioner, particularly in view of the rate of interest said to have been imposed on the appellant/petitioner. The judgment of the learned Single Judge is hence set aside. In the event of the 1st respondent- Society approaching the Tribunal within a period of one month from today, the same shall be treated to have been filed in time. Thereafter, the Tribunal shall consider the matter with notice to the 1st respondent and dispose of the same within another four months. Recovery, in the meanwhile, will be deferred on condition of the appellant/petitioner remitting an amount of Rs.30,000/- per month with the 1st respondent- society before 10th of every month starting with December 2009. The Writ Appeal is disposed of, accordingly. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc The sentence, “In the event of the 1st respondent- Society approaching the Tribunal within a period of one month from today, the same shall be treated to have been filed in time”, occurring in the 2nd paragraph of page 2 W.A. NO.2475 of 2009 3 of the judgment dated 13.11.2009 in W.A.No.2475/2009 is corrected and substituted as, “In the event of the appellant approaching the Tribunal within a period of six weeks from today, the same shall be treated to have been filed in time, and the words, “before 10th of every month starting with December 2009” occurring in the last sentence of the judgment, is corrected and substituted as, “before 25th of every month starting with December 2009, as per order dated 10.12.2009 in I.A.No.1240/09 in W.A.No.2475/09. Sd/- Registrar (Judicial)