IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 31094 of 2008(B) -------------------------- PETITIONER(S): --------------- KUTTIYAN.K.T, AGED 58 YEARS,S/O.RAMAN, KUNJATHADATHIL HOUSE, ITTUMMAL(PEROL),KOLAVAYAL.PO POST NILESWARAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY TO CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD, NO.C.390, KANHANGAD-671315. 3. SPECIAL SALE OFFICER, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.C.390, KANHANGAD-671315. R1, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV.SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.31094/08 PETITIONER'S EXHIBITS: EXT.P1: PHOTOSTAT COPY OF THE JUDGMENT IN W.P(C).31402/06 DATED 27.11.06. EXT.P2: TRUE COPY OF THE COMMUNICATION ISSUED BY THE BANK ON 11.1.2007. EXT.P3: PHOTOSTAT COPY OF THE NOTICE DATED 1.3.07 SENT THROUGH HIS LAWYER. EXT.P4: PHOTOSTAT COPY OF REPLY DATED 13.3.07. EXT.P5: PHOTOSTAT COPY OF CERTIFICATE OF SALE BEARING NO.EP.NO. 86/2005.06 ISSUED BY THE 3RD RESPONDENT DATED 2.9.08. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31094 OF 2008 ------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT The petitioner availed a loan from the second respondent bank. By Ext.P1 judgment, this Court directed the bank to consider an application by the petitioner and to pass orders as per the stipulations in circular No.27/06. The petitioner contends that the decision of the bank issued as per Ext.P2 is contrary to Ext.P1 judgment. He, accordingly, challenges Ext.P5 proclamation for sale in execution. 2. On 23.10.2008, an interim order was issued staying further proceedings on the basis of Ext.P5 on payment of Rs.40,000/-. Such amount was deposited. The total accruals has thus come down. In the aforesaid circumstances, any further subsisting grievance of the petitioner is only about due discharge, WPC.31094/08 Page numbers execution and satisfaction of the demand regulated by the circular, on the basis of which, Ext.P1 judgment was issued by this Court. That is a matter which can be agitated and settled by the petitioner before the third respondent sale officer. Accordingly, this writ petition is ordered directing the petitioner and the second respondent to mark their appearance before the third respondent and place their statement of accounts so that the third respondent can decide the actual amounts due, applying circulation 27/06. Let this be done at the earliest and at any rate, within a period of three months from now. Until a decision as aforesaid is taken, further proceedings against the petitioner will stand deferred if he deposits an amount of Rs.35,000/- within a period of 45 days from today. Any further enforcement of Ext.P5 would depend upon the decision of the third respondent as directed above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.