IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36041 of 2008(N) -------------------------- PETITIONER(S): --------------- PURUSHOTHAMAN NAIR SHEELA BHAVAN ,PULICHAMALA PARAPARA P.O.,NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 2. VITHURA HOUSING CO-OPERATIVE SOCIETIES LTD.NO. T.718 VITHURA PO, REPRESENTED BY ITS SECRETARY. R1 BY BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36041 OF 2008 ------------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the second respondent is dispensed with. Heard learned counsel for the petitioner and learned Government Pleader for the first respondent. The petitioner availed a housing loan in 1996. An arbitration award has become final against him. The rate of interest and other matters essentially stand concluded. However, the learned counsel for the petitioner points out that in view of some of the circulars issued by the first respondent Registrar of Co-operative Societies, the petitioner is entitled to waiver of certain portions of the interest and other overdues. Hence, without expressing anything on merits, this writ petition is ordered directing that if the petitioner appears before the secretary of the second respondent, it shall be ensured that enforcement of the award will be strictly in accordance with law. WPC.36041/08 Page numbers It is also clarified that relief, if any, by way of reduction, shall be in terms of law and any disputes between the petitioner and the second respondent in that regard will be decided upon by the officer empowered to execute Ext.P1 award. To aid this process, the petitioner is directed to appear before the secretary of the second respondent on 31.12.2008. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.