IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23102 of 2008(A) -------------------------- PETITIONERS: ---------------- 1. V.P.SUBRAMONIAN, VELLURPADY HOUSE, KOKKUR P.O., PONNANI, MALAPPURAM DISTRICT 2. V.P.MOHANAN, VELLURPADY HOUSE, KOKKUR P.O., PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ----------------- 1. PONNANI TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LIMITED NO.M16, P.O. PONNANI, REPRESENTED BY ITS SECRETARY. 2. ASST.REGISTRAT OF CO-OPERATVE SOCIETIES (GENERAL), PONNANI. 3. SALE OFFICER, PARAPPANANGADI, PONNANI & KONDOTTY HOUSING CO-OPERATIVE SOCIETY CROUP, PARAPPANANGADI. BY SR.G.P.SMT.ANU SIVARAMAN FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.23102 OF 2008-A ---------------------------------------------- Dated this the 31st day of July, 2008. J U D G M E N T Having regard to the nature of the directions being issued hereunder, notice to the first respondent is dispensed with preserving its right to move review of this judgment, if aggrieved. Learned Senior Government Pleader appears for respondents 2 and 3. 2. Petitioners' father availed a loan from the first respondent. On default, sale proceedings commenced in terms of the statute following arbitration proceedings. The property was purchased by the bank. 3. Now, the petitioners state, on the basis of the different pleadings in the writ petition; regarding their aged mother; the fact that their father was cremated in the property in question and that the petitioners live in the house therein with their families, that the second respondent has to consider re- conveying the property to the petitioners on such ameliorative WPC.NO.23012/08 . 2 terms as may be available. Having particular regard to the fact that the petitioners belong to a scheduled caste and the financial status of the family, they seek benevolence of the first respondent, without which the families of the petitioners would be thrown to streets. Having regard to the plea, it appears to be a fit case for the first respondent to make an endeavor to find out ways and means of considering the request of the petitioners by extending of such ameliorative benefits that could be provided and re-convey the property on such terms as may be decided upon by the first respondent. Hence, this writ petition is ordered directing that the request of the petitioners in the above will be considered and appropriate action would be taken by the first respondent before further pursuing to dispossess the petitioners, provided the petitioners move the first respondent within three weeks from now. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl WPC.NO.23012/08 . 3