IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23289 of 2009(E) -------------------------- PETITIONER(S): --------------- THAHA KOYA, S/O.MOHAMMED KUNHU, CHARUVILA VAYALIL PUTHEN VEEDU, CHATHINAMKULAM, CHABDANATHOPPU P.O., KOLLAM. BY ADV. SRI.ANILKUMAR.K.N.PILLAI RESPONDENT(S): --------------- 1. THE QUILON CO-OP. URBAN BANK LTD. NO.960, MAIN BRANCH, YMCA ROAD, KOLLAM-1, REP. BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, THE QUILON CO-OP. URBAN BANK LTD.NO.960, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23289 OF 2009 (E) ===================== Dated this the 14th day of August, 2009 J U D G M E N T Petitioner states that he is a coolie worker residing in a hut with his wife and two children. According to the petitioner, his wife is a cardiac patient under continuous treatment and he is also ill. As a result of both income constraints and ailments of his wife, petitioner states that he committed default of the amounts that are due from him to the 1st respondent Bank. Proceedings were initiated by the 1st respondent Bank and finally it would appear that by Ext.P6, his property also is scheduled to be auctioned on 18/8/2009 for realising a total sum of Rs.2,34,868/-. 2. In this writ petition, petitioner only seeks an instalment facility so that he can discharge the liability and also salvage his hut from a distress sale. 3. Having regard to the limited nature of the relief that is sought for and taking into account the peculiar facts as highlighted, it is only appropriate that the petitioner should be given an opportunity to save his property. Accordingly, I dispose of this writ petition directing that if WPC 23289/09 :2 : the petitioner remits an amount of Rs.30,000/- before 18/8/2009, the auction in pursuance to Ext.P6 will be deferred. Petitioner will also be allowed to pay the balance amount in six equal monthly instalments, the first of which shall be paid on or before 18/9/09 and the subsequent instalments on or before 18th of every succeeding month. It is clarified that in case any default is committed by the petitioner in paying the instalments as above, respondents will be free to continue the distress action without any obstruction. Petitioner shall produce a copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp