IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 36643 of 2008(K) -------------------------- PETITIONER(S): --------------- ONGALLUR MUHAMMED, S/O.ABOOBACKER, AGED 48 YEARS, ARAKKUPARAMBA.P.O, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE SALE OFFICER, THE PERINTALMANNA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, NO.P.505, P.O.PERINTALMANNA, MALAPPURAM DISTRICT. 2. THE SECRETARY, THE PERINTALMANNA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, NO.P.505, P.O.PERINTALMANNA, MALAPPURAM DISTRICT. R2 BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SMT.ASHA KAIMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36643 OF 2008 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Heard. The petitioner is a small farmer who has been granted certain benefits by the creditor bank under the Debt Relief Scheme. The amounts due after that has to be recovered. Following the interim order passed in this case, the petitioner is remitting amounts at the rate of Rs.5,000/- per month. Taking the total outstandings into consideration, it is ordered that if the petitioner remits amounts at the rate of Rs.7,500/- per month, payable on or before the last working day of every month commencing from February, 2009, the impugned distress action will the deferred and ultimately dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.