IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 26074 of 2008(D) --------------------------------------- PETITIONER: ------------------- JAMEELA, W/O.RASSAK THOTTUVELIPARAMBIL HOUSE KALLETTUMKARA P.O., IRINJALAKKUDA. THRISSUR. BY ADV. SRI.C.K.ABDUL RAHIM, ADV. SRI.K.A.SHAMSUDEEN. RESPONDENTS: ----------------------- 1. KALLETTUMKARA SERVICE CO.OP.BANK LTD.NO.141, KALLETTUMKARA P.O., IRINJALAKUDA, REPRESENTED BY ITS SECRETARY. 2. SALES OFFICER, O/O.THE ASSISTANT REGISTRAR OF CO.OP.SOCIETIES (GENERAL), MUKUNDAPURAM, KALLETTUMKARA PO., IRINJALAKUDA. R2 BY GOVT. PLEADER SRI. I.V. PRAMOD, R1 BY ADV. SRI.M.A.ABDUL HAKHIM, ADV. SRI.JYOTHISH.J.KALLINGAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26074/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT DEED. EXT.P.2: COPY OF THE PASSBOOK ISSUED FROM MALA BLOCK PANCHAYAT. EXT.P.3: COPY OF THE MEDICAL CERTIFICATES ISSUED FROM “SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM” DT. 15/11/1997. EXT.P.3.A: COPY OF THE MEDICAL CERTIFICATES ISSUED FROM “SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM” DTD. 04/12/1997. EXT.P.3.B: COPY OF THE MEDICAL CERTIFICATES ISSUED FROM “SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM” DTD. 05/02/1998. EXT.P.4: COPY OF THE PASS BOOK ISSUED FROM THE R.1. BANK. EXT.P.5: COPY OF THE NOTICE ISSUED BY R.1. BANK DT. 11/02/2008. EXT.P.6: COPY OF THE AUCTION NOTICE ISSUED BY THE R.2. DTD. 25/07/08. EXT.P.7: COPY OF THE AUCTION NOTICE ISSUED BY THE R.2. DT. 25/07/08. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.26074 of 2008 ================================== Dated this the 24th day of November, 2008. JUDGMENT Learned counsel for the respondent bank states that having regard to the peculiar fact situation demonstrated in the writ petition, the Board of Directors of the bank will consider any representation that may be filed by the petitioner. Hence, without expressing anything on merits, this writ petition is disposed of directing that distress action will stand deferred for a period of one month. If the petitioner files a representation within one week before the Board of Directors, they will consider the same and the parties will stand regulated thereafter in terms of that decision. Thottathil B.Radhakrishnan, sl. Judge.