IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 22170 of 2008(L) -------------------------------------- PETITIONER(S): ---------------------- K.M.PYARIJAN, W/O.ABDUL JAMAL.K.K, KAKSON HOUSE, PATTANAM, VADAKKEKARA P.O, NORTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.V.K.MOHAMMED YOUSUF SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): ------------------------ 1. SPECIAL SALES OFFICER/JUNIOR INSPECTOR, KADUNGALLOOR, SCB GROUP, OFFICE OF THE ASST. REGISTRAR, CO-OPERATIVE SOCIETY, N.PARAVOOR. 2. VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD.NO.137.REPRESENTED BY ITS SECRETARY, VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD.NO.137, VADAKKEKARA P.O, N.PARAVOOR. 3. JOINT.REGISTRAR, CO-OPERATIVE SOCIETIES, N.PARAVOOR. 4. OFFICE OF THE SUB REGISTRAR, PARAVOOR. 5. REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 6. SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF FINANCE & SERVICE, GOVERNMENT OF INDIA, NEW DELHI. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R1 & R3 TO R5 ADV. SRI.P.PARAMESWARAN NAIR, ASST. SG FOR R6 ADV. SRI.T.K.SHAJAHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.22170 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of November, 2008. JUDGMENT The petitioner has filed this writ petition alleging that to her dismay, she was served with Ext.P3, a demand in execution of an arbitration award under the KCS Act, a copy of which was not served on her. She states that Ext.P1 evidences that the loan availed by her was for agricultural purposes and that by virtue of Ext.P2 circular, certain benefits are due and still further that Ext.P4 representation is not being attended to. The uncontroverted plea in the counter affidavit is that the petitioner had earlier filed WP(C) 37841/2004 and obtained a judgment on the basis of which she even filed a contempt of court case as CCC.917/2005 which gained elaborate attention of the Division Bench, including to find ways and WP(C)22170/08 -: 2 :- means for settling the matter and ultimately, Ext.R2(a) judgment was issued by the Division Bench recording, among other things, that the perusal of the records would also show that the loan was availed for non-agricultural purposes. That finding of the Division Bench has been totally suppressed in this writ petition. The filing of the earlier writ petition referred to above is not even stated in this writ petition, though the petitioner has filed an affidavit stating that no previous writ petition for the same relief has been filed by her. The said affidavit is also not in terms of the requirements and prescriptions of the Kerala High Court Act and Rules as interpreted by this Court in different judgments. This being the position, the finality of Ext.R2(a) judgment and the finding therein that the loan was availed for non-agricultural purposes, excludes all the contentions of the petitioner in this writ petition. The writ petition is hence dismissed with costs fixed at Rs.10,000/-, the petitioner WP(C)22170/08 -: 3 :- having obtained an interim order at the stage of admission on suppressing facts and having enjoyed that interim order till now. The bank will be at liberty to recover this amount also during the course of execution proceedings referred to in the writ petition. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/