IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5117 of 2008(H) ------------------------- PETITIONER: ------------ K.K.MAMMU, AGED 85 YEARS, S/O.KUNJU MUHAMMED, KALLUVETTIKKUZHIYIL PALLIPRA, MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.V.GOPIKRISHNA RESPONDENTS: ------------- 1. MOOVATTUPUZHA AGRICULTURAL CO-OPERATIVE BANK, HW-33, REPRESENTED BY THE SECRETARY, VELLOORKUNNAM, MUVATTUPUZHA, ERNAKULAM. 2. THE SPECIAL SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETIES, ANICAD - SCB GROUP, MUVATTUPUZHA, ERNAKULAM. FOR R2 SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 5117 of 2008-H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 13th day of February, 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, preserving its right to move this Court for review of this judgment, if aggrieved with. Learned Senior Government Pleader appears for the second respondent. 2. Having heard the learned counsel for the petitioner, no issue is pointed out warranting interference with Ext.P1 regarding the amounts fixed for recovery. All that was urged was that the petitioner may be permitted to pay the outstandings in instalments. Having considered the nature of the transactions, the amounts involved and other attendance circumstances, it is directed that if the petitioner deposits an amount of Rs.75,000/- on or before the time fixed for sale as per Ext.P1 and continues to remit, at the rate of Rs.30,000/- per month, payable on or before the last working day W.P.(C).No.5117/2008-H -: 2 :- of every month commencing from March 2008, the distress action shall be deferred and dropped on satisfaction. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and the respondent will be at liberty to forthwith proceed with the distress action, without notice to the petitioner. This writ petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN, Judge ms