IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3958 of 2009(U) ------------------------- PETITIONER(S): --------------- P.M.JOSEPH, S/O.,MATHAI, POIKA THALAICKAL, PATHAMUTTOM, KUZHIMATTOM PO., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. PANACHIKKASDU REGIONAL SERVICE-CO.OP.BAN K LTD.,NO.3959, CHANANIKKADU PO. REP. BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, PUTHUPPALLY ADHYAPAKA CO.OP.BANK GROUP, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 3958 OF 2009 ............................................ DATED THIS THE 6 TH DAY OF FEBRUARY, 2009 JUDGMENT Having regard to the nature of the directions being issued herein, notice to respondents dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner challenges Ext.P1 sale notice issued under the KCS Rules. He suffered an arbitration award on account of non- repayment of amounts received as loan and accruals thereon. There is no jurisdictional error or legal infirmity in the impugned proceedings. While the petitioner gives up all other contentions, the only submission made is that if the petitioner is entitled to relief of the circulars issued by the Registrar, that may be extended after hearing the first respondent. The second respondent is the sale officer executing the award. Therefore, even if the petitioner is entitled to the benefit of any circular, that could be extended at the instance of the second respondent, after hearing the petitioner and the first respondent. In the meanwhile, if the petitioner deposits @ Rs.10,000/- per month, payable on or before 16th of every month commencing from March 2009, after depositing an amount of Rs.5000/- on 16.2.2009, the impugned sale will stand deferred and ultimately dropped. On deposit of three instalments as aforesaid, the second WP(C)3958/2009 2 respondent will consider the request of the petitioner that sale proceedings may be finalised in terms of the ameliorative circulars issued by the Registrar and Co-operative Societies. If there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will be recalled automatically and respondents will be at liberty to proceed with further action. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk