IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 1988 of 2008(J) ----------------------------------- PETITIONER: ------------------- SAMSU T.B., S/O.BHASKARA THANDAR, USHA NILAYAM, THIRUMALABHAGOM P.O. THURAVOOR, ALAPPUZHA DIST. BY ADV. SRI.G.KRISHNAKUMAR SRI.B.S.SURAJ KRISHNA RESPONDENTS: ------------------------ 1. THE CHERTHALA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.A327, CHERTHALA - 688 524, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALES OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETIES, CARD BANK LTD. NO.327, CHERTHALA-688524. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, O/O THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO R2 & R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1988/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 1.1.08 ISSUED BY THE IST RESPONDENT. EXT.P2:- COPY OF THE AUCTION NOTICE DT. 2.1.08 OF THE 2ND RESPONDENT. EXT.P3:- COPY OF THE REPRESENTATION DT. 7.1.2008. EXT.P4:- COPY OF THE REPRESENTATION DT. 7.1.2008 SUBMITTED TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1988 OF 2008 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Though different questions, including the coverage of the loans under the Kerala State Co-operative Agricultural and Rural Development Act, have been raised, having heard counsel for parties, I find that it is a case where the petitioner cannot wriggle out of repaying the amount in accordance with law. Therefore, in exercise of discretion, I am not inclined to stay the recovery proceedings even if I were to admit this writ petition, except by imposing conditions, insisting that the petitioner shall pay off the outstandings, at least in instalments. 2. Faced with the above situation, learned counsel for the petitioner confined his submissions to a request that the Bank may be directed to take up the request of the petitioner for One Time Settlement and dispose of the matter accordingly. Learned counsel for the Bank submits that the request of the petitioner for One Time Settlement would be considered in accordance WPC.1988/08 Page numbers with law, and benefits extended in terms of any scheme which is available. Hence, this writ petition is disposed of directing that the petitioner's request for one time settlement, Ext.P3, shall be taken up by the Bank and a decision rendered therein, at the earliest. The first respondent shall provide the Petitioner such ameliorative measures as may be required to liquidate the outstandings as per the One Time Settlement scheme. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.