IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 19197 of 2009(T) -------------------------- PETITIONER(S): --------------- P.V.THOMAS PALLATHUTHARA HOUSE, NATTAKOM, CHINGAVANAM, KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OP.SOCIETIES THIRUVANANTHAPURAM. 2. THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.48 POST BOX NO.998 ,KOTTAYAM,REPRESENTED BY ITS SECRETARY. 3. THE SPECIAL SALE OFFICER (JUNIOR INSPECTOR) THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.48 POST BOX NO.998 ,KOTTAYAM. MR.V.G.ARUN, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.19197 of 2009 -------------------------- Dated, this the 8th day of July, 2009 ------------------------------ J U D G M E N T Challenge in the writ petition is against Ext.P21, in so far as it includes 68 cents of land of the petitioner situated in Survey Nos.341/1A, 340/2, 341/3 and re-survey No.626/1 of Nattakom Village. 2. Although, several contentions have been raised, fact remains that liability is due to the Bank and after complying with all procedural formalities, sale notice has now been published. Admittedly, the petitioner is a defaulter and it is after complying with all statutory requirements that the property has been brought to sale. Therefore, I do not find any substance in the contention raised on the merits of the case. 3. Finally, the learned counsel for the petitioner seeks an instalment facility to discharge the liability. I heard the learned standing counsel for the 2nd respondent Bank also. 4. Having regard to the submissions thus made by both sides, the writ petition is disposed of with the following directions:- WP(C) No.19197/2009 -2- That the sale in pursuance to Ext.P21 can go on. But, however, if the petitioner remits 1/3rd of the amount due within two weeks from today, the sale shall not be confirmed. If the petitioner makes remittance as above, the petitioner will also be permitted to pay the balance amount due, in four equal monthly instalments. The first instalment shall be paid on or before 15/08/2009, and the balance instalments shall be paid on or before 15th of every succeeding month. It is made clear that in case default is committed in paying any one of the instalments as above, it will be open to the Bank to confirm the sale or sell the property afresh. 5. It is made clear that this judgment will not stand in the way of the petitioner claiming any concession from the Bank, if he is otherwise eligible for the same. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg