IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 24896 of 2009(F) -------------------------- PETITIONER(S): --------------- P.KUNHIKANNAN,AGED 60 YEARS, S/O.CHEKKOTTI,SANTHOSH NIVAS,KALLED P.O.,PERAMBRA, ERAVATTUR VILLAGE, KOYILAND TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI S.SUNDER RAJ SMT.SUSAN JACOB SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,MINISTRY OF CO-OPERATION,TRIVANDRUM, REP.BY GOVERNMENT PLEADER,HIGH COURT OF KERALA, ERNAKULAM. 2. THE AUTHORIZED OFFICER/GENERAL MANAGER, MEPPAYUR CO-OPERATIVE HOUSING SOCIETY LTD., NO.D.1932,MEPPAYUR,KOZHIKODE. 3. THE ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE REGION,KOZHIKODE. 4. THE JOINT REGISTRAR OF CO-OPERATIVES, JR'S OFFICE,PUTHIYARA,KOZHIKODE-673 004. GOVT.PLEADER SRI.K.P SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN --------------------------------------------- W.P.(C) NO.24896 of 2009 --------------------------------------------- Dated this the 29th day of September, 2009 JUDGMENT The petitioner is challenging proceedings initiated by respondents 2 and 3 for recovery of loan accounts by sale of the property mortgaged by the petitioner as security for loan amount sanctioned to the petitioner, which he has not repaid. Petitioner submits that he has filed Ext.P4 appeal before the 4th respondent challenging the sale itself and the recovery proceedings may be directed to be kept in abeyance till the 4th respondent considers Ext.P4. 2. I have heard learned Government Pleader also. In the nature of the order I propose to pass, I do not think it necessary to issue notice to respondents 2 and 3 at this juncture. 3. In the facts and circumstances, I dispose of this writ petition with a direction to the 4th respondent to consider and pass orders on Ext.P4 as expeditiously as possible, at any rate, W.P.(C) NO.24896 of 2009 2 within two months from the date of receipt of a copy of this judgment. Further proceedings pursuant to Ext.P2 shall be kept in abeyance on condition that the petitioner pays an amount of Rs.25,000/- on 15.10.09 and another Rs.50,000/- on 16.11.09. I make it clear that I have not expressed any opinion on the maintainability of Ext.P4 or the merits of the contentions in Ext.P4. (S.SIRI JAGAN, JUDGE) SPC