IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 W.P(C).No. 6682 of 2006(U) --------------------------------- PETITIONER: -------------- P. RARICHAN, S/O. SANKARAN, AGED 81 YEARS, MULLAN PARAMBATH, KURUVATTOOR AMSOM, PAYIPRA DESOM, P.O. PAYIPRA. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.C.S.SUNIL SRI.P.R.SREEJITH RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPTT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.4362, MUKKAM BRANCH, CALICUT-673 004, REPRESENTED BY ITS SECRETARY. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 5. SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.4362, MUKKAM BRANCH, CALICUT-673 004. BY ADV. SRI.THOMAS ANTONY FOR R3,5 GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 6682 OF 2006 U = = = = = = = = = = = = = = = = = Dated this the 30th day of July 2008 J U D G M E N T Revenue recovery proceedings initiated against the petitioner, at the instance of the 3rd respondent is under challenge. At the stage of admission, this Court granted a conditional order of stay and it is stated that the condition has been complied with. 2. Subsequently, the bank had informed this Court that the petitioner had alienated the property that was mortgaged and taking note of that submission, this Court had also granted time for the petitioner to settle the liability. Counsel for the bank submits that even as of now, the liability has not been settled and therefore the bank is entitled to continue the proceedings. 3. Since, admittedly there is a liability and the recovery steps are based on the agreement between the parties, I do not find anything irregular in the steps taken by the bank. 4. Be that as it may, now that the petitioner has complied W.P.(C) No. 6682 OF 2006 -2- with the condition imposed by this Court for granting stay, I feel that yet another opportunity could be given to the petitioner to settle the liability and avoid recovery proceedings. 5. Accordingly, I dispose of this writ petition directing that the order of stay granted by this Court on 7.3.2006 will remain in force for another period of 4 weeks from today and in the meanwhile it will be open to the petitioner to settle the liability with the bank, as otherwise the Bank will be free to continue proceedings against the petitioner for recovery of its dues. ANTONY DOMINIC JUDGE jan/-