IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3000 of 2008(F) ------------------------- PETITIONER: -------------- V.AJAYAKUMAR, AGED 56 YEARS, S/O.LATE VELAYUDHAN, S.A.V. SADANAM, THATHAMPALLY, ALAPPUZHA. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ---------------- 1. ALAPPUZHA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.A -94, REPRESENTED BY ITS SECRETARY, ALAPPUZHA. 2. THE SALE OFFICER, ALAPPUZHA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.A-94, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3000 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.Having regard to the nature of the directions being issued hereunder, notice to the respondents is dispensed with preserving their right to move this Court to review this judgment, if aggrieved. 2.The petitioner availed a loan from the first respondent. The loan was taken in 2001 and 2002. With the passage of time, the petitioner has no grounds to challenge the impugned action taken under the KSCARD Act. However, it is pointed out that the petitioner is residing with his family in the property in question and that with an opportunity, he can pay off the entire outstandings and avert the sale in question. WP(C)3000/2008 -: 2 :- 3.Having regard to the amount covered by Ext.P1, it is directed that if the petitioner remits an amount of Rs.15,000/- at or before the time fixed for sale as per Ext.P2 and files an affidavit waiving right to further notice regarding the sale, the impugned sale shall be adjourned from time to time, if he continues to remit at the rate of Rs.15,000/- per month payable on or before the 25th of every month commencing from February, 2008 and thereby wipes off the entire outstandings, including accruals. The writ petition is disposed of accordingly. Issue copy today itself. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/