IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33781 of 2008(V) -------------------------------------- PETITIONERS: -------------------- 1. SURESH S/O. SIVARAMAN, CHEMBODU VEEDU, VANDAZHI, ALATHUR, PALAKKAD. 2. PARVATHI W/O.SIVARAMAN, CHEMBODU VEEDU, VANDAZHI, ALATHUR, PALAKKAD. BY ADV. SRI.P.RAMACHANDRAN, ADV. SMT.SINDHU MURALEEDHARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE SOCIETIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR (GENERAL) ALATHUR CO-OPERATIVE SOCIETY, ALATHUR, PALAKKAD. 3. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ ARBITRATOR-CUM-SPL.SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION KOZHIKODE. 4. ALATHUR RURAL CO-OPERATIVE HOUSING SOCIETY LTD, ALATHUR, PALAKKAD, REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33781 of 2008 ================================== Dated this the 17th day of November, 2008. JUDGMENT Learned Government Pleader appears for respondents 1 to 3. In the nature of the direction being issued hereunder, notice to the fourth respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2. Petitioners suffered an award under the Kerala Co-operative Societies Act, 1969. They are facing execution of that award. The loan was availed for a residential purpose. Having heard the learned counsel for the petitioner, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. But taking into consideration the overall situation, including the repayment capacity and the petitioners' desire to protect their property and also the total WPC33781/08 -:2:- outstandings, this writ petition is ordered directing that the impugned recovery proceedings shall stand deferred if the petitioners remit the amounts at the rate of Rs.7,000/- per month, payable on or before the last working day of every month commencing from November, 2008. If the petitioners fail to remit 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. Thottathil B.Radhakrishnan, Judge. sl.