IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 867 of 2008(C) ------------------------------------- PETITIONER: --------------------- MANIYAN ,S/O. VELAN, CHATHANKULANGRA VEEDU PADAPPANOOR, KUNTHANOOR, ALATHOOR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, CO-OPEATIVE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ALATHOOR PRIMAR CO-OPERATIVE AGRCULTURAL & RURAL DEVELOPMENT BANK LTD NO.P 620, ALATHOOR. 3. SEPCIAL SALE OFFICER P.C.A.R.D.BANK LTD P-620, ALATHOOR. R1 TO R3 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.867 of 2008 ================================== Dated this the 11th day of January, 2008. JUDGMENT Learned Government Pleader appears for the first respondent. Having regard to the nature of the directions being issued hereunder, notices to respondents 2 and 3 are dispensed with, preserving their liberty to move for review of this judgment, if aggrieved. 2. Petitioner faces Ext.P2 distress action under the provisions of the Kerala State Co- operative Agricultural Development Act, 1984. The only plea canvassed at the time of admission is a request for relief by way of instalment facility. Under the aforesaid circumstances, this writ petition is disposed of directing that if the petitioner deposits at the rate of Rs.25,000/- per WPC867/2008 -:2:- month, payable on or before the 25th of every month, commencing from January, 2008, the impugned distress action will stand suspended to let the petitioner wipe off the entire outstandings, including accruals. If there is default in remitting 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, without any further notice to the petitioner. Thottathil B.Radhakrishnan, Judge. sl.