IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 35794 of 2010(Y) ------------------------------ PETITIONER(S): ------------------------ 1. SREEDHARAN PILLAI, S/O.PADMANABHA PILLAI, AGED 63 YEARS,BINDU NIVAS, VALAMANGALAM SOUTH MURI,VALAMANGALAM SOUTH P.O.,CHERTHALA, ALAPPUZHA 2. RADHAMANI AMMA,AGED 53 W/O.SREEDHARAN PILLAI -DO-DO- BY ADV. SRI.C.G.RAJ KUMAR RESPONDENT(S): ---------------------------- 1. THE SECRETARY, CO-OPERAIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD,NO.A.327,CHERTHALA P.O.,CHERTHALA 2. THE SPECIAL SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCITIES, -DO- -DO- R1 BY ADV. SRI.P.C.SASIDHARAN R2 BY GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.35794 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2010 J U D G M E N T The petitioners availed a loan of Rs.1 lakh from the first respondent. Subsequently, they defaulted repayment and thereupon the first respondent took action to realise the amount due towards the said loan account. In that regard, the first respondent has issued Ext.P4 sale notice after following the required procedures. It is challenging Ext.P4 sale notice and to issue a writ of mandamus commanding the respondent to consider Ext.P6 and Ext.P8 that this writ petition has been filed. 2. I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. The learned Standing Counsel, on instruction, submitted that as on 1.12.2010 an amount of Rs.35,176/- was outstanding towards the loan account. Further, it is submitted that in case, the petitioners remit the entire outstanding amount covered as per the defaulted installments and make a representation for regularization of the loan account, it would be considered. In WPC.35794/2010 : 2 : view of the said submission, this writ petition is disposed of as hereunder: It will be open to the petitioners to remit the outstanding amount of Rs.35,176/- towards the aforesaid loan account within a period of two weeks from today. In case, the petitioners remit the above mentioned amount within the stipulated time and then, makes a representation to the first respondent to regularize the loan account the same shall be considered by the first respondent in the light of the above submission. It is made clear that in case the petitioner fails to comply with the condition stipulated as above, it will be open to the respondents to proceed with the recovery proceedings already initiated. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge