IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 5619 of 2011(B) ------------------------- PETITIONER(S): --------------- M.D.PAUL, AGED 56 YEARS, S/O.DOMANIC, MATHIRAPPILY HOUSE, NIRIKODE, ALANGAD, ALUVA, PIN-683 511. BY ADV. SRI.B.RAMACHANDRAN SMT.K.B.REKHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. PIN-685 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NORTH PARUR-683 513. 3. THE ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.E 87, ALUVA-683 101, REPRESENTED BY ITS SECRETARY. 4. THE SPECIAL SALE OFFICER, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.E 87, ALUVA-683 101. SC SRI. SHAJI CHIRAYATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5619 OF 2011(B) -------------------------------------------------- Dated this the 7th day of March, 2011 J U D G M E N T Petitioner is aggrieved by Ext.P4, a notice issued by the 2nd respondent, informing the petitioner that if the liability is not discharged the mortgaged property will be sold in auction on 8.3.2011. I heard the learned Government Pleader who entered appearance on behalf of respondents 1 and 2 and the standing counsel appearing for respondents 3 and 4. During the course of the hearing, petitioner does not dispute the liability to pay the amount, but only seeks a direction to the bank to regularize his account. 2. On the other hand the standing counsel submits that if the petitioner remits interest and defaulted dues, Bank is willing to regularize the account. Having regard to the above, the writ petition is disposed of directing that the petitioner shall remit the interest and defaulted amount due to the 3rd respondent within 2 weeks from today. It is directed that subject to such payment, coercive action mentioned WPC.No.5619 /2011 :2 : in Ext.P4 shall not be implemented. On such payment, as undertaken before this court, Bank should regularize the account of the petitioner. It is clarified that in case the petitioner fail to pay the amount as above, the bank will be free to initiate recovery proceedings. (ANTONY DOMINIC) JUDGE vi/