IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9726 of 2009(I) -------------------------------------- PETITIONER(S): -------------------------- 1. THOTTIAN ELSY, W/O.LATE THOMAS, THOTTIAN HOUSE, NANDIPULAM, THRISSUR DISTRICT. 2. THOTTIAN THOMAS SOLOMON, S/O.LATE THOMAS, THOTTIAN HOUSE, NANDIPULAM, THRISSUR DISTRICT. BY ADV.MR.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): ---------------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. NANDIPULAM SERVICE CO-OPERATIVE BANK, NANDIPULAM P.O., THRISSUR, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER MR. K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 9726 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT Government Pleader appears for respondents 1 and 2. Notice to third respondent dispensed with, preserving the right to move for review of this judgment, if aggrieved. The petitioners and Late Thomas availed a facility from the third respondent. Though there is default in repayment, the petitioners wanted the benefit of Ext.P1 certificate and made Ext.P2 representation stating that they are prepared to settle the entire transaction in terms of Ext.P1 circular and are therefore required to pay the amount of Rs.3,15,000/-. The complaint now is that third respondent is not considering that request. The cut off date for the benefit of the scheme is the last working day of this month. Therefore it is ordered that if the petitioners deposit an amount of Rs.3,15,000/- on or before 31.3.2009, the second respondent will hear the petitioners and the third respondent and take a final decision on the question as to whether the petitioners are entitled to the benefit of Ext.P1 circular. The deposit as WP(C) 9726/2009 2 aforesaid would then be regulated by the decision of the Joint Registrar, for adjustment, appropriation and refund, as the case may be. It is clarified that this judgment does not touch on the merits of the claim of the petitioner and therefore second respondent shall decide on the matter untrammelled by anything stated herein. Writ petition ordered accordingly. Issue copy tomorrow itself. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/26/3