IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WA.No. 1449 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5950/2011 Dated 11/07/2011 .................... APPELLANT(S): PETITIONER ------------------------ KOLLAM WOOD INDUSTRIAL CO-OP.SOCIETY LTD.NO.4094, KOLLAM-10, KERALA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): / RESPONDENTS --------------- 1. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM-691 001. 2. VIJAYA BANK, KOLLAM BRANCH, REPRESENTED BY ITS SENIOR MANAGER, KOLLAM-691 001. 3. KOLLURVILA SERVICE CO-OPERATIVE BANK LTD.NO.Q.214, VADAKKUVILA P.O., KOLLAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER, MR.D.SOMASUNDARAM MS.I.SHEELA DEVI FOR R3 MR.K.ANAND, SC FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1449 of 2011 .................................................................... Dated this the 18th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the judgment of the learned Single Judge granting two months time to the appellant Society to settle liability due to the 2nd respondent, which is stated to be around Rs.25 lakhs. The appellant's case is that it has entered into an agreement for sale of 3 cents of it's valuable land to the 3rd respondent and on the Registrar of Co-operative Societies and the Government approving it, the property will be sold and the liability due to the 2nd respondent can be fully settled with the sale consideration. We feel, the prayer is reasonable and in this regard we grant two months time from today to the appellant to settle the liability due to the 2nd respondent. There will be direction to the Registrar of Co-operative Societies as well as to the Government to consider and pass orders on the appellant's request for approval of the transfer of the land to the 3rd W.A.No.1449/2011 2 respondent within a period of three weeks from the date of receipt of a copy of this judgment. The appellant can sell the property within the following month and the buyer can directly deposit sale consideration to the 2nd respondent in settlement of liability. This Writ Appeal is allowed in part modifying the judgment of the learned Single Judge as above with a direction to the 2nd respondent to withhold revenue recovery proceedings for two months from now. However, we make it clear that the appellant shall not divert any amount of sale consideration before settling full liability due to the 2nd respondent. If liability is not settled within two months, the Bank can proceed with attachment and sale of appellant's property after expiry of two months from now. This Writ Appeal is allowed in part as above. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg