IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27913 of 2008(W) ----------------------------------------- PETITIONER: --------------------- RASHEEDA BEEVI, W/O. ABUDEEN, PATTUPURAKUTTIYIL, PUTHEN VEEDU, PALLISSERICKAL P.O., KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.E.A.BIJUMON RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, SASTHAMCOTTA. 3. SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM REGIONAL OFFICE, THIRUVANANTHAPURAM. 4. SECRETARY, KUNNATHUR HOUSING CO-OPERATIVE SOCIETY, Q 151, SASTHAMCOTTA, KUNNATHUR TALUK. 5. A.K.SHAMSUDEEN, PATTUPURAKUTTIYIL PUTHEN VEEDU, PALLISSERICKKAL P.O., KUNNATHUR TALUK, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR -R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.27913 of 2008 ================================== Dated this the 19th day of September, 2008. JUDGMENT Learned Government Pleader appears for respondents 1 and 2. Notice to respondents 3 to 5 dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner has a liability to satisfy an award, though she states that the fifth respondent has the responsibility to discharge the debt. The fact remains that arbitration proceedings have concluded and execution proceedings have been taken up and as of now, the remaining outstandings as on 22-8-2008 is Rs.47,194/-, going by Ext.P7. 3. Petitioner states that certain amounts paid after the arbitration award has not been duly credited in terms of law, in as much as, according WPC27913/2008 -:2:- to her, after the said remittance has been paid directly to the bank, the sale officer cannot fix the amount by fixing the property to sale. Having regard to the facts and circumstances, repelling all the contentions, this writ petition is ordered as follows: If the petitioner remits an amount of Rs.15,000/- on or before 15-10-2008 and continues to remit at the rate of Rs.10,000/- per month on the 15th of every month commencing from November, 2008, the impugned distress action will be held back and ultimately dropped if the outstandings are paid. The third respondent will take note of the actual outstandings by also giving due credit to any remittance paid directly to the bank into the loan account even after the award and shall ensure that no amount in excess of what is actually due is collected from the petitioner. The petitioner will produce a copy of this judgment and a copy of this WPC27913/2008 -:3:- writ petition before the third respondent also for due compliance. Thottathil B.Radhakrishnan, Judge. sl.