IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 28692 of 2008(N) ------------------------------------ PETITIONER: ------------------- M.P.IGNESIUS, MELANTHIYOORKONATH VEEDU ANTHIYOORKONA, KOLLODE PO., THIRUVANANTHAPURAM. BY MR.LATHEESH SEBASTIAN, ADVOCATE RESPONDENTS: ----------------------- 1. KERALA STATE CO.OPERATIVE BANK LTD. REP. BY ITS MANAGING DIRECTOR CO-BANK TOWERS, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, PEROORKADA BRANCH KERALA STATE CO-OPERATIVE BANK LTD. KERALA LAW ACADAMY CAMPUS, PEROORKADA, THIRUVANANTHAPURAM. 3. BRANCH MANAGER, KARAMANA BRANCH KERALA STATE CO-OPERATIVE BANK LTD., KAIRALI PLAZA, KARAMANA, THIRUVANANTHAPURAM. 4. THE HEADMASTER, ST.MARY'S HIGH SCHOOL KAMUKINCODE, NEYYATTINKARA THIRUVANANTHAPURAM. BY MR. NAGARAJ NARAYANAN, ADVOCATE FOR R4 MR. SAJU.S.A, ADVOCATE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.28692 of 2008-N ================================== Dated this the 27th day of January, 2009. JUDGMENT 1.Petitioner availed a loan from the first respondent. He is employed in an aided school. The fourth respondent is the Headmaster. Recovery has been initiated against the petitioner under Section 37 of the Kerala Co-operative Societies Act, 1969. His plea is that he is unable to make both ends meet and to take care of his three children, who are studying in different colleges or schools. The eldest one has just completed M.Sc. in Physics, the second one is also in college and the third one in high school. Petitioner lost his wife due to cancer on 26-4- 2007. Ext.P4 shows that he is also in need of medical care. 2.Petitioner is due to retire in March, 2009 as an WPC28692/08 -:2:- H.S.A. He faces recoveries from seven institutions. He aspires to sell off his properties and settle the transaction. The total outstandings due from the petitioner to the first respondent is around Rs.3.5 lakhs, as of now. It is true that the petitioner has no right to object to the recovery under Section 37. But, if Section 37 proceedings is resorted to in this case, that would be only a pretence in the matter of recovery. As of now, the bank is yet to proceed under Section 69 of the KCS Act. Petitioner appears to be a person with landed properties. 3.In the aforesaid circumstances, while directing that the interim order passed on 26-9-2008, confining the recovery to be only at Rs.4,000/- per month, is made absolute till the retirement of the petitioner, it is directed that the petitioner shall not alienate any of his WPC28692/08 -:3:- properties without the concurrence of the first respondent and unless the petitioner makes immediate efforts and liquidates the entire outstandings within four months, the first respondent will take all necessary steps for recovery of the total outstandings from the petitioner and his assets. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.