IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35718 of 2009(H) -------------------------- PETITIONER(S): --------------- P.M.THANKAPPAN, AGED 78 YEARS, S/O. MADHAVAN, POOJAPARAMBIL HOUSE, KOTTAMKULANGARA WARD, AVALOOKUNNU P.O., ALAPPUZHA-688 006. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. 2. THE PROJECT OFFICER (COIR), ARBITRATOR AND SALE OFFICER, OFFICE OF THE PROJECT OFFICER (COIR), ALAPPUZHA. 3. THE MUHAMMA COIR MATS AND MATTINGS CO-OPERATIVE SOCIETY LIMITED NO.430, MUHAMMA P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY. BY G.P. SRI. K.C.SANTHOSH KUMAR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ----------------------------------------- WP(C) NO. 35718 OF 2009 ---------------------------------- Dated this the 11th day of December, 2009. JUDGMENT The petitioner is aggrieved by Ext. P10 Order of the Kerala Corporative Tribunal, wherein the Tribunal has confirmed the order of the Arbitrator under Section 69 of the Kerala co-operative Societies Act, holding that petitioner is liable to make good the deficit in stock under his control defected on stock verification. Although the petitioner originally wanted this Court to hold that the petitioner is not guilty of the misfeasance alleged against him, the petitioner limits his prayer for permission to pay the amounts found due from him as per Ext.P10 in instalments. Taking into account the facts and circumstances of the case, I direct the respondents 2 and 3 to permit the petitioner to pay the amount in 5 equal monthly instalments starting from 1.1.2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates further coercive proceedings for recovery shall be kept in abeyance. However, if the petitioner commits default in making payment of any one instalment, it would be open to the respondents 1 and 2 to recover the entire amount in a lumpsum without WP(C) NO. 35718 OF 2009 2 further notice to the petitioner in that regard. Writ petition is disposed of as above. S.SIRI JAGAN, JUDGE. mns