IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WA.No. 1586 of 2009() AGAINST THE JUDGMENT IN WPC.18615/2009 Dated 13/07/2009 APPELLANT: PETITIONERS 1. K.N.SADANANDAN, PUTHENVEEDU PURAYIDOM, VADAKKAL P.O., ALAPPUZHA. 2. PRASANNAKUMARI, W/O.SADANANDAN, PUTHENVEEDU PURAYIDOM, VADAKKAL P.O., ALAPPUZHA. BY ADV. SMT.PREETHA ANIL RAVINDRAN RESPONDENTS: RESPONDENTS 1. ALAPPUZHA HOUSING CO-OPERATIVE SOCIETY LTD. NO.A-111, REPRESENTED BY ITS SECRETARY. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATION CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, ERNAKULAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1586 OF 2009 --------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioners are the appellants. They are defaulters of the first respondent - Society in relation to a housing loan availed of by them. Since they defaulted to pay the amount, the Society moved the Arbitrator by filing A.R.C. No. 21 of 2002. The same was decreed. The Society moved Execution Application No.16 of 2007 before the Sale Officer. Pursuant to that, the Sale Officer issued Ext.P3 sale notice. The second appellant is an employee of the Kerala State Road Transport Corporation who retired from service on 30.6.2007. The appellants submitted that a total amount of Rs.35,000/- was recovered from the salary of the second appellant by the Kerala State Road Transport Corporation, but the same has not been given credit to by the Sale Officer. Secondly, it is submitted that the Society may be directed to wait till the second appellant gets her D.C.R.G. from the Kerala State Road Transport Corporation. W.A. NO.1586/2009 2 2. If the Kerala State Road Transport Corporation has recovered an amount of Rs.35,000/- from the second appellant and has paid the same to the Society or to the Sale Officer, the Society or the Sale Officer, as the case may be, shall give credit to it, if so far not given. The appellants can pursue that claim before the said authorities. That contention is left open. Regarding the second relief sought, no statutory provision has been brought to our notice which binds the Society and compel it to wait till the loanee gets some amount from her employer. In the absence of any legal right, this Court cannot come to the rescue of the appellants and direct the Society to wait till the second appellant gets her gratuity from the Kerala State Road Transport Corporation. So, the said prayer fails. In the result, the Writ Appeal is dismissed, subject to the observation regarding the amount of Rs.35,000/- covered by Ext.P1. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO.1586/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1586/2009 JUDGMENT 23rd July, 2009