IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 7863 of 2006(J) ------------------------------------ PETITIONERS: --------------------- M. ABDULLA HAJI, S/O. AHAMED HAJI, STAR NAGER, BEVINJE, THEKKIL FERRY P.O., KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN. RESPONDENTS: ----------------------- 1. SENIOR INSPECTOR/SALES OFFICER THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, P.O. KASARAGOD. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE SECRETARY, THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, P.O. KASARAGOD. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1 TO R3, ADV. SRI.T.SETHUMADHAVAN FOR R4, ADV. SRI.PUSHPARAJAN KODOTH FOR R4, ADV. SRI.K.JAYESH MOHANKUMAR FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7863/2006-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LOAN APPLICATION DT.D 09/02/2001 BY THE PETITIONER. EXT.P.2: COPY OF THE RECEIPT DTD. 13/05/2004. EXT.P.2.A: COPY OF THE RECEIPT DTD. 30/06/2005. EXT.P.3: COPY OF THE REPRESENTATION DTD. 29/11/2003 BEFORE THE R.1. EXT.P.4: COPY OF THE SALE NOTICE DTD. 13/01/2006 BY THE R.1. TO THE PETITIONER. EXT.P.5: COPY OF THE NEWS PAPER REPORT DT. 24/01/2006 BY THE MALAYALA MANORAMA DAILY. EXT.P.6: COPY OF THE JUDGMENT IN O.P. NO. 3327/2000 BY THIS HONOURABLE COURT. EXT.P.7: COPY OF THE JUDGMENT IN W.P.NO. 2598/2006 BY THIS HONOURABLE COURT. EXT.P.7.A: COPY OF THE STATEMENT DT. 15/02/06 ISSUED 1ST RESPONDENT'S BANK TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7863 of 2006 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The issue raised in this writ petition pertains to the recovery steps initiated by the respondent Bank. In view of the intervening developments in case the petitioner has still any grievance left, he may approach the Bank itself. It is made clear that in case the petitioner does not co-operate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is also made clear that the benefit of settlement schemes, if available presently or during the period when the writ petition was pending, will also be extended to the petitioner. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7863 of 2006 ----------------------------------- JUDGMENT 24th September, 2008