IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 24068 of 2008(M) ---------------------------------------- PETITIONER(S): PETITIONER ------------------------- K.AZHAKUNNI, S/O. KRISHNAN, AGED 42 YEARS, AJITH NIVAS, PAMPAMPALLAM P.O.,ATTAPPALLAM, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATOR-CUM-SPL SALE OFFICER, KERALA STATE CO-OP., HOUSING FEDERATION,KOZHIKODE - 6. 2. THE PALAKKAD CO-OPERATIVE BUILDING SOCIETY REP. BY ITS SECRETARY, KOPPAM AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. ADV. SRI.SAJAN VARGHEESE K. FOR R2 SRI.LIJU. M.P FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. © NO.24068/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SALE NOTICE DT. NIL ISSUED BY THE 2ND RESPONDENT SOCIETY. /TRUE COPY/ P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.24068 of 2008-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of November, 2008. JUDGMENT Petitioner availed a housing loan of Rs.75,000/- from the 2nd respondent society. Then he was employed as a casual labourer in Malabar Cements Limited. He was, thereafter, kept out of employment. He succeeded before the Labour Court. In the meanwhile, distress action has commenced on account of the default in repayment of the loan. Normally, the petitioner, had he been in service, could have entered into an agreement under Section 37 of the KCS Act. He states that he has 16 years of service. Facing the disciplinary action, he filed this writ petition. Noticing that there is no jurisdictional error or legal infirmity in the impugned proceedings, an interim order was passed on 8-8-2008 granting stay on condition of the petitioner depositing an WP(C)24068/08 -: 2 :- amount of Rs.50,000/-. That has been promptly deposited. Under such circumstances, I am satisfied that the petitioner is bona fide interested in liquidating the outstandings and saving his property from distress action. Hence, repelling all other contentions, this writ petition is ordered directing that if the petitioner pays at the rate of Rs.7,500/- per month payable on or before the 15th of every month commencing from December, 2008, the impugned distress action will be held back and the petitioner will be entitled to pay off the entire outstandings and save the property from further distress action. Repayment schedule is so fixed, having regard to the employment of the petitioner, though the total outstandings would, by itself, call for a direction to pay amounts at higher rates. Hence, the petitioner shall ensure that payments as above are made to enjoy the benefits of this judgment. If there is default in depositing any of the instalments as aforesaid, the benefits of this judgment will WP(C)24068/08 -: 3 :- stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/