IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 5016 of 2004(V) ------------------------- PETITIONER(S): --------------- AIYYAPPAN S/O KAVALAN AGED 85 YEARS RESIDING AT MARANGATTIL VEEDU, POIKKATTUSSERY MURI, CHENGAMANAD VILLAGE, ALUVA TALUK. BY ADV. SRI.A.MOHAMMED SRI.M.SAJJAD SRI.M.MUHAMMED SHAFI SRI.A.V.TELLUS MONWIL SRI.DITTO JOSEPH RESPONDENT(S): --------------- 1. MANAGER, ALWAYE URBAN CO-OPERATIVE BANK LTD.NO.1623, CHENGAMANADU BRANCH. 2. ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES, ALWAYE. 3. SPECIAL SALES OFFICER, URBEN BANK GROUP OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), RAIL ROAD, ALWAYE. R2 BY G.P. SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD IN FILE NO. 1446/2001 DATED 22.8.2001 PASSED BY THE ARBITRATOR. EXT.P2 TRUE COPY OF THE AUCTION NOTICE DATED 5.1.2004 ISSUED BY THE SPECIAL SALES OFFICER. RESPONDENTS' EXHIBITS:NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5016 OF 2004 -------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT Even though counsel for the petitioner requested for instalment facility, I do not think petitioner is entitled to any instalment facility at this distance of time because auction notice was issued in the year 2004. However, petitioner is given time till 15th August, 2009 to clear the balance arrears with interest failing which recovery will be continued. Further, whatever incentive available for settlement of liability due to the Co-op. Society under Govt. orders, should not be denied to the petitioner. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2