IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16041 of 2008(I) -------------------------------------- PETITIONER: ------------------- JOHNY, S/O.KUNJIPALU, CHITTILAPPILLY, KOZHUKULLY P.O., TRISSUR. BY ADV. SMT.MUMTAZ SHUMSUDDIN. RESPONDENTS: ------------------------ 1. NADATHARA FARMERS CO-OPERATIVE SOCIETY NO.3499, REP. BY THE SECRETARY, NADATHARA, TRISSUR. 2. SPECIAL SALE OFFICER, NADATHARA-MOOSPET GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRISSUR. 3. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF CO.OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM. R2 & R3 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R1 BY ADV. SRI.C.E.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.16041 of 2008 ================================== Dated this the 29th day of May, 2008. JUDGMENT Having heard the learned counsel for the petitioner, learned counsel for the first respondent as also learned Government Pleader for respondents 2 and 3, it is noticed that the petitioner availed a facility for the construction of a house, defaulted it and that has led to Ext.P2 proceedings being initiated on the basis of an arbitration award. 2. Learned counsel for the petitioner, after arguing the matter for quite sometime confines his submission to a request that the petitioner may be permitted to wipe off the outstandings in instalments. 3. Having heard the learned counsel for the WPC16041/2008 -:2:- parties, in the light of the aforesaid submission, this writ petition is disposed of directing that if the petitioner deposits the entire outstandings in terms of Ext.P2 in ten equal monthly instalments, payable on or before the 20th of every month, commencing from June, 2008 and thereby wipes off the entire outstandings and other accruing incidentals, further distress action will stand dropped. If the petitioner fails to deposit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.