IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4275 of 2009(H) ------------------------------------- PETITIONER(S): ----------------------- 1. C.SASI, S/O.CHELLAPPAN NADAR, AGED 49 YEARS, RESIDING AT SOWMYA BHAVAN, CURIKODE P.O., VELLANADU, THIRUVANANTHAPURAM. 2. L.J.MARY, D/O.LEELA, AGED 35 YEARS, RESIDING AT SOWMYA BHAVAN, CURIKODE P.O., VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SPECIAL ARBITRATOR CUM SALE OFFICER KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., REGIONAL OFFICE, VANCHIYOOR, TRIVANDRUM. 4. THE POOVACHAL RURAL HOUSING CO-OPERATIVE SOCIETY NO.355, POOVACHAL P.O., TRIVANDRUM REPRESENTED BY ITS SECRETARY. R1, R2 BY GOVERNMENT PLEADER SRI.K.G.SANTHOSHKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) No. 4275 of 2009-H ---------------------------------------------- Dated, this the 10th day of February, 2009 J U D G M E N T Petitioners, for different reasons, are still to satisfy a debt due to the 4th respondent following an arbitration award passed in 2005 on a proceeding initiated in 2001 for which execution proceedings had been taken out and Ext.P3 attachment notice was issued on 15th September, 2007. Now, in terms of Ext.P6, property is listed for sale. After Ext.P6 was issued on 31.12.2008 the Registrar of Co-operative Societies has issued Circular No.1/2009. Petitioners state that they are entitled to the benefit of that circular. The loan was availed for residential purpose. The availability of the benefit of Ext.P7 circular No.1/2009 is not a matter that has to be agitated or decided by this court because if the benefit of that circular is available, the petitioners can claim it even during the execution petition before the executing officer or for the matter listed in a special adalath through sale officer. Therefore, leaving the petitioners with all rights if any in terms of Ext.P7 and without prejudice to their right to claim that benefit before the sale officer, this writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE MS