IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19180 of 2010(V) ------------------------------------------ PETITIONER(S): ------------------------- OMANA P.A., W/O.SASIDHARAN CHEMANGAT, MARAVANCHERY, P.O.CHENGALOOR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU, SMT.M.M.DEEPA. RESPONDENT(S): --------------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. JOINT REGISTRAR (GENERAL), JOINT REGISTRAR OFFICE, THRISSUR, THRISSUR DISTRICT. 4. ASSISTANT REGISTRAR (GENERAL) ARBITRATION-CUM-SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THRISSUR. 5. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., PUDUKAD REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR R5 BY ADV. SRI. P.C. SASIDHARAN, SC, THRISSUR DIST.CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:19180 OF 2010 V ----------------------------------------------------------- Dated this the 23rd June, 2010. JUDGMENT This writ petition is filed by the petitioner challenging the sale that was conducted by the fourth respondent. The petitioner was a defaulter to the fifth respondent bank. In execution of an award passed against the petitioner, the property of the petitioner was sold. The petitioner approached the Minister for Co-Operation and Coir and by Ext.P4 the fourth respondent was directed to consider whether the petitioner was entitled to the benefit of Ext.P11 circular which directed the co-operative bank to write off Rs.25,000/- from the loan and grant exemption from penal interest for the remaining amount. The petitioner has filed this writ petition contending that the petitioner was not given the benefits of Ext.P11 circular in spite of the above direction. 2. The learned senior Govt. Pleader on instructions submits that an order has been passed by the Joint Registrar (General) Thrissur on 10/6/2010 by which, the petitioner has been directed to pay the entire amount within a period of thirty days and to close the transaction with the bank. If the above facility is not availed of, it is ordered that the sale would be confirmed. WPC 19180/2010 2 3. In view of the above order No: AEN2534/10 dated 10/6/2010 of the Joint Registrar, a copy of which has been handed over to me by the learned senior Govt. Pleader, I do not think it necessary to pass any further orders in this matter. 4. In the above circumstances this writ petition is disposed of directing the petitioner to avail the benefits of the order referred to above, if she is so advised. K. SURENDRA MOHAN Judge jj WPC 19180/2010 3