IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24408 of 2008(E) -------------------------- PETITIONER: ------------ A.C. KARUNAKARAN, S/O. CHARAN, AGED 58, AMBALAPPADAN HOUSE, THURUTHY.P.O, VENGOOR WEST VILLAGE, ERNAKULAM. BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SMT.LAKSHMI T. SMT.KALA G.NAMBIAR RESPONDENTS: ------------- 1. ERNAKULAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, CHITTOOR ROAD, KOCHI-682016. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/THE SPECIAL SALE OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., CHITOOR ROAD, KOCHI-682016. R1-BY ADV.SRI.P.V. SURENDRANATH R2-BY SR.G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.24408 OF 2008-E ---------------------------------------------- Dated this the 14th day of August, 2008. JUDGMENT The petitioner availed two facilities; one from the first respondent and another from the State Co-operative Bank through the first respondent. His complaint is that execution proceedings are carried out against his residential building and that the payable accruals have gone up because the first respondent has not acted on Ext.P3 direction of the Joint Registrar issued on 2.11.2006. 2. The learned counsel for the first respondent submits that his client has decided to waive a portion of the interest payable by the petitioner on the facility availed from the first respondent while it will not be possible for the petitioner to tinker with the accruals as regards the loan availed through the first respondent from the State Co-operative Bank. 3. In so far as Ext.P3 direction is concerned, I am not WPC.NO.24408/08 . 2 impressed to hold that the petitioner could have waited so long to cling on to that order, particularly when the applicability of circulars issued by the Registrar regarding loan transactions are matters that the lending Co-operative Banks have to consider; whether they have to be applied or not. 4. In the aforesaid view of the matter, the submission on behalf of the first respondent is recorded and the writ petition is ordered directing the petitioner to appear before the General Manager of the first respondent on 20th of August, 2008 to mark his attendance so that the decision of the first respondent on the request of the petitioner could be appropriately taken. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl WPC.NO.24408/08 . 3