IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30635 of 2008(V) -------------------------- PETITIONER(S): --------------- P.V.KASIM, S/O.PAKKEER MOHAMMED, AGED 48 YEARS, POOLAPARAMBIL, VAKKALA, KIZHAKKENCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. THE SECRETARY, ALATHUR RURAL CO-OP. HOUSING SOCIETY LTD, ALATHUR, PALAKKAD DISTRICT. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY/ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30635 OF 2008 ------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondents is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner availed a loan of Rs.70,000/- for renovation of his house. He defaulted repayment. It appears that an arbitration award was passed against the petitioner and execution proceedings were taken up and this has resulted in the impugned sale proceedings. Having heard learned counsel for the petitioner, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Faced with this situation, learned counsel for the petitioner confines his submissions to the request that the petitioner may be granted an opportunity to wipe off the WPC.30635/08 Page numbers outstandings in instalments. Taking that into consideration and rejecting all other contentions, this writ petition is ordered directing that the impugned proceeding will stand deferred if the petitioner remits amounts at the rate of Rs.10,000/- per month, payable on or before the last working day of every month commencing from October, 2008. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.