IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38169 of 2008(R) -------------------------- PETITIONER(S): --------------- K.K.PURUSHAN, S/O.K.A.KRISHNAN, KORAMANGALATH HOUSE, KONTHURUTHY, THEVARA P.O., KOCHI-682 013. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 2. ARBITRATION/EXECUTION SALE OFFICER, THEVARA URBAN CO-OPERATIVE SOCIETY LTD., NO.E.784, THE INSPECTOR OF CO-OPERATIVE SOCIETIES, KANAYANNUR, KOCHI-682 016. 3. THE THEVARA URBAN CO-OPERATIVE SOCIETY LTD.NO.E.784, REPRESENTED BY ITS SECRETARY, H.O.THEVARA, KOCHI-682 013. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38169 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2008 JUDGMENT Having regard to the nature of the directions being issued herein, notice to the 3rd respondent is dispensed with preserving his right to move this court, if aggrieved. 2. The petitioner faces execution proceedings following Exts.P1 and P2 arbitration awards. He has paid certain amounts as evidenced by Ext.P6. According to him, he is entitled to the benefit of one time settlement on account of some circulars issued by the Co-operative Department through the Registrar. Taking that into consideration and also the fact that the petitioner has made certain payments, it is necessary that competent authority considers the question of applicability of any of the circulars to the case of the petitioner. Apart from that the documents shall be released only to the due execution and satisfaction of the arbitration awards. 3. This is a matter that has to be considered by the sale officer. WPC : 38169/08 -:2:- The applicability of the circulars can also be considered by the sale officer with notice to the 3rd respondent. Under such circumstances, it is ordered that further distress action against the petitioner will stand suspended for a period of three months and the 2nd respondent will consider whether the petitioner is entitled to the benefit of any of the circulars governing the field of recovery including any scheme for reducing the total outstandings. The 2nd respondent will give credit to all payments which have been made and fix the remaining amount due accordingly. Further execution will be only following the decision of the 2nd respondent in terms of what is stated above. Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb 30/12