IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 22708 of 2008(C) --------------------------------------- PETITIONER: ------------------- PRABHAKARAN, AGED 45 YEARS, S/O. DASAYYAN NADAR PRABHA NIVAS, PUTHENKADA, THIRUPURAM P.O. BY ADV. SRI.R.T.PRADEEP, ADV. SRI.V.VIJULAL. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF JOINT REGISTRAR OF CO-OP SOCIETIES, NEYYATTINKARA. 2. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, REPRPESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, FORT, THIRUVANANTHAPURAM - 23. 3. THE SENIOR MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, KANJIRAMKULAM BRANCH, THIRUVANANTHAPURAM. ADV. SRI.V.G.ARUN FOR R2 & R3, ADV. SRI.T.R.HARIKUMAR FOR R2 & R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.22708 of 2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2008. JUDGMENT The controversy between the petitioner and the second respondent society is as to whether the petitioner has duly fulfilled the terms and conditions for release of the entire amounts offered as a loan. A counter affidavit is placed on record by respondents 2 and 3 taking the stand that the petitioner is yet to comply with some of the conditions regarding the responsibility under the terms of contract of lending. It is specifically pleaded that while the second respondent had advanced different amounts, the petitioner had not made such contributions as are necessary for releasing the remaining portion of the loan. This dispute essentially is pending before the competent authority in the form of Ext.P6 under Section 69 of the Kerala Co- WP(C)22708/2008 -: 2 :- operative Societies Act, 1969. Hence, without prejudice to those proceedings, this writ petition is dismissed, however directing that Ext.P6 proceedings will be expedited and disposed of in accordance with law at the earliest. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/280808