IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 25683 of 2009(E) -------------------------- AGAINST THE ORDER IN EP 4/2009 IN ARC.156/1999 of SUB COURT, TIRUR .................... PETITIONER(S): --------------- K. NARAYANAN, AGED 84 YEARS, S/O. KOKKAYIL KUNHIKUTTAN, MOLLAYIL HOUSE, P.O. NEDUVA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE SECRETARY, THE PARAPPANANGADI REGIONAL HOUSING CO-OPERATIVE SOCIETY LTD., NO. (M) 38, P.O. PARAPPANANGADI. 2. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRUR. ADV. SRI.V.RAJENDRAN FOR R1 SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25683 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th October, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the Parappanangadi Regional Housing Co-operative Society Ltd. The society filed ARC No. 156/1999, which was decreed. The society has initiated execution proceedings, which is under challenge before me. 2. At the time of admission, I had granted an interim stay on condition that the petitioner shall pay Rs. 2 lakhs within one month. Admittedly, the petitioner has not paid that amount. The petitioner's contention in this writ petition is that the petitioner is entitled to the benefits of Ext. P3 circular. I am of opinion that that is a matter which the petitioner has to raise in the execution proceedings. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.