IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 9054 of 2011(F) ------------------------- PETITIONER: --------------- RADHAKRISHNAN,S/O.AARUMUGHAN, NARIYARMUNDA HOUSE,KUMARAMPUTHOOR POST, MANNARKKAD TALUK,PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENTS: --------------- 1. KUMARAMPUTHUR CO-OPERATIVE HOUSING SOCIETY LTD.NO.P 813,KUMARAMPUTHUR VILLAGE, MANNARKKAD COLLEGE POST, MANNARKKAD,REP.BY ITS SECRETARY 678 583. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,MANNARKKAD 678 582. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,PALAKKAD , NEAR TOWN BUS STAND, PALAKKAD-1. 4. REGISTRAR OF CO-OPERATIVE SOCITIES, THIRUVANANTHAPURAM 695 001. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9054 OF 2011 ......................................................................... Dated this the 31st May , 2011 J U D G M E N T The petitioner, who had availed a loan from the first respondent in the year 1995 in connection with the construction of a house in his property, admittedly could satisfy only three installments and turned to be a defaulter thereafter which made the first respondent to proceed with further steps to realise the due amount 2. In the course of the proceedings as put forth by the petitioner in the writ petition, the matter was caused to be adjudicated by the concerned respondent, which resulted in the Award passed in ARC 281 of 2002. Subsequently, the Award was sought to be executed by filing Execution Petition No.9/2010 as borne by Ext. P2, which was also finalised as per Ext. P3 order dated 24.11.2010. The petitioner seeks to call for the records leading to ARC 281/2002 passed by the 2nd respondent , simultaneously praying for a direction to be given to the third respondent to consider Ext.P4 representation and to W.P.(C) No. 9054 OF 2011 2 grant interim stay of all further coercive steps in this regard. 3. Going by the materials on record, it is clear that the property concerned was ultimately purchased by the decree holder in accordance with the relevant provisions of law and the sale stands confirmed. The petitioner has not produced a copy of the Award, nor has he raised any specific challenge with regard to the same. The same is the position with regard to Ext. P3 order as well. In the said circumstance, no interference is warranted. The writ petition fails and the same is dismissed. However, taking note of the submission made by the learned counsel for the petitioner that he is entitled to have the benefit of the Circular bearing No. 49/2010 dated 20.08.2010, the petitioner is set at liberty to work out his remedy, if any, in terms of the said Circular, by approaching the concerned authorities. P.R. RAMACHANDRA MENON, JUDGE. lk