IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25210 of 2008(A) ------------------------------- PETITIONER: PETITIONER ----------------------------- BABU, S/O. SIVADASN AGED 54 YEARS, VALYAVALALIL, ALUMKADAVU P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: RESPONDENTS ----------------------------------- 1. THE REGISTRAR OF CO-OPERATIVES THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE KARUNAGAPPALLY TALUK URBAN CO-OPERATIVE BANK, LTD., NO.455, KOLLAM REPRESENTED BY ITS SECRETARY, 4. THE SALE OFFICER, THE KARUNAGAPPALLY TALUK URBAN CO-OPERATIVE BANK, LTD., NO.455, KARUNAGAPPALLY. R1 TO R3 BY SENIOR GOVT PLEADER SMT ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------ W.P.C. No 25210 of 2008 ------------------------------------------------------------ Dated this the 21st August 2008 JUDGMENT Having regard to the nature of the directions being issued hereunder notice to respondents 3 and 4 is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. Heard learned counsel for the petitioner and the learned Senior Government Pleader for respondents 1 and 2. 3. The petitioner availed a loan from the third respondent and on defaulting repayment he faces proceeding, under the Kerala Co- operative Societies Act, which led to Ext. P2 (d) sale notice in execution for an amount of Rs 2,52,290/- as on 12.01.2006. The petitioner tries to show that he has made certain payments in terms of Exts. P1, P2, P2(a), P2(b) and P2(c). It is also stated that the petitioner is prepared to pay the remaining amount in instalments. After having heard learned counsel for the petitioners, it is ordered that if the petitioner pays a further amount of Rs 50,000/- on or before 16.09.2008 and continues to remit at the rate of Rs 40,000/- per month payable on or before the 20th of every month commencing from October 2008 and thereby wipes off WPC 25210/08 2 the entire outstanding the impugned proceeding shall be dropped. Third respondent will also consider any request of the petitioner for waiver of the penal interest on the total outstanding on deposit of the aforesaid instalments. If there is any default in payment of any of the instalments as aforesaid, the respondents are free to proceed with further action. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge 21/08/2008 en [true copy]