IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 7343 of 2008(Y) ------------------------- PETITIONER: ------------ 1. SAJI ABRAHAM, KAUVELIL HOUSE, PADINJATINKARA P.O., KIDANGOOR, KOTTAYAM DISTRICT. 2. ALEYAMMA ABRAHAM, KAUVELIL HOUSE, PADINJATINKARA P.O., KIDANGOOR, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: ------------- 1. THE KADANADU SERVICE CO-OPERATIVE BANK LTD., KADANADU P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MEENACHIL, PALAI, KOTTAYAM DISTRICT. R2 BY SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 7343 of 2008-Y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of March, 2008 J U D G M E N T Having regard to the nature of the directions being issued hereunder, notice to the first respondent is dispensed with, with liberty to move for review of this judgment, if aggrieved. Learned Senior Government Pleader appears for the second respondent. 2. The petitioners obtained Ext.P1 judgment granting them the benefit of instalment facility. Government thereafter issued Ext.P2 circular. According to the petitioners, they are entitled to the benefit of that circular. Their complaint is that the first respondent bank takes the stand that in view of the finality of Ext.P1 judgment, the petitioners are not entitled to the benefits of Ext.P2 circular. Ext.P2 was issued after Ext.P1. Therefore, even if Ext.P1 has become final, it will be open to the bank to consider Ext.P3 in terms of Ext.P2 circular, if the same is applicable. This writ petition is therefore disposed of directing that Ext.P3 shall be taken into consideration and benefits, if any, available under Ext.P2 circular, shall be extended to the petitioners, if such circular is applicable to the petitioners. THOTTATHIL B. RADHAKRISHNAN, Judge ms