IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 29752 of 2005(P) -------------------------- PETITIONER(S): --------------- K.K.NARAYANAN, AGED 63 YEARS, S/O.KARUMBAN, KOTTAKKAL HOUSE, THEKKUTHODU P.O. KONNI, PATHANAMTHITTA. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. THE SECRETARY, THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., PATHANAMTHITTA. 2. THE SPECIAL SALE OFFICER, PATHANAMTHITTA OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. ADV. SRI.T.R.RAMACHANDRAN NAIR FOR R1 R2 BY G.P. SRI. MATHEW VADAKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF NOTICE DATED 11.7.2005 OF THE FIRST RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER DATED 29.7.2005 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE LETTER DATED 10.8.2005 FROM FIRST RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE LETTER DATED 20.8.2005 BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE LETTER DATED 22.9.2005 FROM THE FIRST RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 29752 OF 2005 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT W.P.C. is filed against recovery proceedings for sale of petitioner's property. According to the petitioner, loan availed is agricultural loan and petitioner has paid Rs. 5,000/- out of Rs. 35,000/- availed. If the petitioner is an agriculturist in debt, petitioner can approach the Commission constituted for redressing the grievance of agriculturists, who have availed loan from Banks. On the other hand, if the petitioner is willing to settle the liability petitioner can approach the first respondent. Leaving freedom to the petitioner to approach the Commission for appropriate relief, I dispose of the W.P. with direction to the first respondent not to recover any penal interest and to charge interest at normal rate applicable, if the petitioner settles liability within three months from now. However, if the petitioner does not settle liability within three months and does not get any orders from the Commission then respondents will proceed with recovery. (C.N. RAMACHANDRAN NAIR) Judge kk 2