IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 37075 of 2008(L) -------------------------- PETITIONER(S): --------------- VALAPPAN ALAVIKKUTTY, S/O.ABDURAHIMAN HAJI, KARUPPOTTI HOUSE, NILAMPATHI, AMARAMBALAM (PO), MALAPPURAM (DT). BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENT(S): --------------- 1. ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD., KARUVAMBRAM (PO), MANJERI - 3, MALAPPURAM (DT). 2. THE SPECIAL SALE OFFICER, ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD., KARUVAMBRAM (PO), MANJERI - 3. MALAPPURAM (DT). R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37075 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Notice to the first respondent dispensed with preserving its right to move for review of this judgment, if aggrieved. Heard learned counsel for the petitioner and learned Government Pleader for the second respondent. The petitioner faced proceedings under the provisions of the Kerala State Co-operative Agricultural & Rural Development Banks Act, 1986. He availed a housing loan and defaulted repayment. The total outstandings, as on 6.11.2008, is Rs.1,69,133/-. There is no jurisdictional error or legal infirmity in the impugned proceedings. However, taking into consideration the request of the petitioner for an opportunity to pay off the entire outstandings, it is directed that if the petitioner pays amounts at the rate of Rs.25,000/- per month, payable on or before the 15th of every month, commencing from January, 2009 and thus wipe off the entire outstandings, including WPC.37075/08 Page numbers accruals, the impugned proceedings will stand deferred and ultimately dropped on satisfaction. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action shall follow. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.