IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 22441 of 2007(V) -------------------------- PETITIONERS: --------------------- 1. K.DEVAKI AMMA, AGED 78 YEARS, W/O.PARAMESWARAN, VALLEVELI, C.M.C.-21, CHERTHALA P.O.,CHERTHALA, ALAPPUZHA DISTRICT. 2. V.P.MURALEEDHARAN, AGED 52 YEARS, S/O.PARAMESWARAN, VALLEVELI, C.M.C.-21, CHERTHALA P.O.,CHERTHALA, ALAPPUZHA DISTRICT. 3. V.P.MANOHARAN, AGED 46 YEARS, S/O.PARAMESWARAN, VALLEVELI, C.M.C.-21, CHERTHALA P.O.,CHERTHALA, ALAPPUZHA DISTRICT. 4. V.P.JAGADEESAN, AGED 44 YEARS, S/O.PARAMESWARAN, VALLEVELI, C.M.C.-21, CHERTHALA P.O.,CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENTS: ---------------------- 1. THE SECRETARY, HOUSING CO-OPERATIVE SOCIETY, NO.A,335, CHERTHALA, ALAPPUZHA DISTRICT. 2. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY,ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, KOCHI, ERNAKULAM DISTRICT. 3. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR, ALAPPUZHA. 4. THE TAHSILDAR, CHERTHALA, ALAPPUZHA DISTRICT. 5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. BY ADV. SRI.P.MANOJ (KALAVELI) SRI.SHAIJU ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 22441/2007. APPENDIX PETITIONERS' EXTS: EXTS. P1 : ORIGINAL SALE PROCLAMATION EA. 66/2000 DATED 14.6.2007. EXT. P2 : TRUE COPY OF THE REPLY FROM THE 3RD RESPONDENT ISSUED TO THE PETITIONERS' DATED 1.11.2004. EXT. P3 : TRUE COPY OF THE RECEIPT NO.463 DATED 7.4.2005. EXT. P4 : PHOTO COPY OF THE CIRCULAR NO.30/2007 ISSUED FROM THE REGISTRAR DTD. 3.5.2007. RESPONDENTS' EXTS: EXT. R1(a) : TRUE COPY OF AWARD IN FILE NO.103/99 DATED 28.2.2000. EXT. R1 (b) : TRUE COPY OF NOTICE DATED 25.4.2001. EXT. R1(c) : TRUE COPY OF THE SALE NOTICE DATED 10.5.2004. EXT. R1(e) : TRUE COPY OF THE NOTICE DATED 27.2.2007. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 22441 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2008 JUDGMENT The prayers in the writ petition are to set aside Ext.P1 proclamation issued by the second respondent dated 14.6.2007 and to direct respondents 1 to 3 to fix the liability of the petitioners afresh after proper assessment of the repayments made by the petitioners to the first respondent. 2. Petitioner availed a loan for Rs. 75,000/- from the respondent Society. There was default. According to the petitioner the payments made by the petitioner had not been given due credit and there is error in the assessment. This is not admitted by the Society. As far as Ext.P1 proclamation is concerned, that is dated 14.6.2007, I need not even consider the said question. Having regard to the complaint of the petitioner, the writ petition is disposed of as follows: If the petitioner files a representation before the first respondent pointing out any error in the calculation of the amount due from the petitioner on the basis of the payments made by the petitioner WPC. 22441/2007. 2 within a period of two weeks from the date of receipt of a copy of this judgment, the first respondent will look into it and issue its decision on the same within two weeks thereafter. (K.M. JOSEPH, JUDGE) sb