IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35164 of 2008(J) -------------------------- PETITIONER(S): --------------- MOHAMMED SHAN,AGED 62 YEARS,S/O. BEERAN MULLAKKARA HOUSE, KAIPAMANGALAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. SPECIAL SALES OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK,HEAD OFFICE, THRISSUR. 2. SECRETARY, THRISSUR DISTRICT CO-OPERATIVE BANK, PERINJANAM BRANCH, THRISSUR. BY ADV.SRI.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.35164 OF 2008 ------------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for the respondent bank. The petitioner states that he is a fisherman who has a handicapped son and two unmarried daughters. He availed a loan in 1994; failed to repay and faced arbitration award and execution proceedings resulting in sale which has been conducted, but not confirmed. The award has become final. The sale proceedings have also become final. But, the disability certificate, which I have perused in original, appears to show that the petitioner's son suffers from 80% disability owing to Cerebral Palsy as determined while he was 17 years old in 1972. In the fitness of things, it appears to be a case where the bank takes a benevolent consideration regarding the interest and penal interest payable and reduce the outstandings by treating the petitioner's as a special case and giving him a reasonable WPC.35164/08 Page numbers time by a couple of months to settle the issue and save the property from distress action, more particularly because the extent is only 7.5 cents. This writ petition is, therefore, disposed of directing that the impugned proceedings will stand suspended for three months to enable the aforesaid being worked out. The petitioner will appear before the Manager of the bank in its branch with which the petitioner has the transaction on 10.12.2008. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.