IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7489 of 2009(E) ------------------------- PETITIONER(S): --------------- 1. A.R.SHEELA, AMBOLETHU, PALLIKKAL KIZHAKKETHIL, THEKKEKKARA, MAVELIKKARA. 2. S.RAMACHANDRAN, AMBOLETHU, PALLIKKAL KIZHAKKETHIL, THEKKEKKARA, MAVELIKKARA. BY ADV. SRI.S.MOHANAN RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, ALAPPUZHA DISTRICT CO-OP. BANK, KURATHIKAD BRANCH, MAVELIKKARA. 2. THE SPECIAL SALE OFFICER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA-1. BY ADV.SRI.P.K.VIJAYA MOHAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7489 OF 2009 ------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioners suffered an arbitration award under the Kerala Co-operative Societies Act, 1969. That has been put in execution. The proceedings have reached the stage of sale. The petitioners' request is that the demand for penal interest and further incidentals may be waived to let them save their land and residence from distress action. The matter is now pending before the second respondent in connection with the sale. Since there is no jurisdictional error or legal infirmity in the impugned proceedings, the petitioners can work out their remedy before the second respondent. If the petitioners are entitled to the benefit of any of the circulars issued by the Registrar of Co- operative Societies as also any to waiver which the first respondent bank any extent, they would be entitled to claim those benefits through respondents 1 and 2, before the sale takes place. Accordingly, it is directed that if the petitioners deposit an amount of Rs.10,000/- on or before 28.3.2009, WPC.7489/09 Page numbers respondents 1 and 2 will consider whether they are entitled to the benefit by way of the circulars and also for any relief to pay off the remaining amounts in instalments, waiving any penal charges as may be permitted at the discretion of the first respondent. The sale shall stand adjourned if the petitioners deposit an amount of Rs.5,000/- tomorrow. The writ petition is disposed of with the above directions. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb.11/3.