IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26636 of 2008(U) -------------------------- PETITIONER: ------------ SURESH, S/O.LATE P.K.VELAYUDHAN PULLORKUDY HOUSE, KANNARA PO., CHEENIKKADAVU DESOM, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------- 1. THRISSUR DISTRICT CO.OP.BANK LTD., MANNUTHY BRANCH, REP. BY ITS SECRETARY. MANNUTHY, THRISSUR. 2. SPECIAL SALE OFFICER THRISSUR DISTRICT CO.OP.BANK, HEAD OFFICE, TRISSUR. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, CO.OP.DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI.ANU SIVARAMAN FOR R2 & R3 ADVOCATE SRI.T.R.HARIKUMAR FOR R1 V.G.ARUM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:A rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26636 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. JUDGMENT Having heard the learned counsel for the petitioner, the learned counsel for the first respondent, as also the learned Senior Government Pleader, I do not find any jurisdictional error or legal infirmity to interfere with the impugned proceedings which are against the properties of the debtor. Hence, though the debtor is dead, the properties could be proceeded. The entitlement of any legal representative, of being heard, in the context of this writ proceedings, is sufficiently satisfied by hearing the petitioner. Under such circumstances, this Court having repelled all contentions, the learned counsel for the petitioner seeks an opportunity for the petitioner to wipe off the outstandings in instalments. WP(C)26636/2008 -: 2 :- In the result, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.50,000/- per month payable on or before the last working day of every month commencing from September, 2008 and thereby wipes off the entire outstandings, including accruals, the distress action will be dropped. This judgment does not stand in the way of the petitioner moving the bank for any ameliorative benefits which may be available in accordance with law. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040908