IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6638 of 2008(M) ------------------------- PETITIONER: ------------- PARAKKAL SUNDARAN, PARAKKAL HOUSE, CHALAPPURAM P.O., KOZHIKODE. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 2. KOZHIKODE DISTRICT CO-OPERATIVE BANK, REPRESENTED BY THE MANAGER, KALLAI ROAD (H.O), KOZHIKODE - 673 002. R1 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN. R2 BY SRI.P.V. KUNHIKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 6638 OF 2008 ----------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Learned Senior Government Pleader takes notice for 1st respondent. Adv.Sri.P.V.Kunhikrishnan, Standing Counsel takes notice for 2nd respondent. Having regard to the fact that the petitioner does not dispute that he availed the loan, the impugned action cannot be found fault with on account of any jurisdictional error or legal infirmity. However, having regard to the facts, it is directed that the recovery proceedings against the petitioner following Ext.P2 will stand suspended if the petitioner remits an amount of Rs.10,000/- per month payable on or before 10th of every month commencing from March 2008. If there is default in remitting any of the instalments, the benefit of this judgment will stand recalled automatically. If the petitioner requests for any ameliorative benefits of reduction of interest etc., the 2nd respondent will look into such request and WPC No. 6638 OF 2008 2 take a decision as may be available in accordance with law and the total outstandings will thus stand guided by such decision. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6638 OF 2008 3