IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 18852 of 2008(T) -------------------------- PETITIONER(S): --------------- 1. MUNDATTIL FRANCIS, S/O.MATHAI, AGED 48, MUNDATTIL HOUSE, P.O. KODENCHERY, KOZHIKODE DT. 2. ELAMMA, W/O. FRANCIS, AGED 40, MUNDATTIL HOUSE, P.O. KODENCHERRY, KOZHIKODE DT. 3. MARY, D/O. MATHAI, AGED 50, MUNDATTIL HOUSE, P.O. KODENCHERY, KOZHIKODE DT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- 1. THE SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. 4362, P.O. PUTHIYARA, KOZHIKODE DT. 2. THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICUTURAL & RURAL DEVELOPMENT BANK LTD. NO. 4362, P.O. PUTHIYARA, KOZHIKODE DT. REP. BY ITS SECRETARY. ADV. SRI.THOMAS ANTONY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18852/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SALE NOTICE DATED 24.4.2008 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18852 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioners availed a housing loan from the second respondent. That was not repaid. This resulted in action under the Kerala State Co-operative (Agricultural & Rural Development) Banks Act, 1984. No amount was paid even in terms of the interim order. The housing loan was availed in the year 1999. There is no dispute as to the terms of the contract. The impugned proceedings cannot be, therefore, impeached on account of any jurisdictional error or legal infirmity. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.