IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16040 of 2008(H) --------------------------------------- PETITIONER: ------------------- A.K.CHANDRASEKHARAN, S/O.PANKAJAKSHI AMMA, AYARANI KONNASSERY VEEDU, KARIMBA P.O, MANNARKAD. BY ADV. SMT.S.MUMTAZ. RESPONDENTS: ------------------------ 1. MANNARKAD AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO 934, REP BY THE SECRETARY, MANNARKAD. 2. SPECIAL SALE OFFICER, MANNARKAD AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.934 MANNARKAD PO. 3. STATE OF KERALA, REP. BY THE SECRETARY DEPT. OF CO.OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM. R3. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.16040 of 2008 ================================== Dated this the 29th day of May, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to respondents 1 and 2 are dispensed with preserving their right to move for review of this judgment, if aggrieved. Learned senior Government Pleader takes notice for the third respondent. 2. Petitioner availed a loan from the second respondent. According to him, that was for maintenance of his house. The loan was not repaid. Recovery proceedings were initiated under the provisions of the Kerala State Co-operative Agricultural and Rural Development Bank Act. Learned counsel for the petitioner, after arguing the matter for quite sometime, ultimately withdrew the contentions and confines his submissions to a WPC16040/2008 -:2:- request that the petitioner may be permitted to wipe off the entire outstandings in instalments. Having regard to what is aforesaid, this writ petition is ordered directing that if the petitioner deposits the entire outstandings due under Ext.P1 by remitting at the rate of Rs.15,000/- per month, payable on or before the 20th of every month, commencing from June, 2008, further distress action will stand dropped, provided, he wipes off all the accruing incidentals also. If the petitioner fails to deposit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.