IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21403 of 2009(U) -------------------------- PETITIONER(S): --------------- SHRI. E.P. RADHAKRISHNAN, ENATHUMMOOTTIL HOUSE, MELAMPARA, THALAPPALAM VILLAGE, MEENACHIL TALUK, REP. BY POWER OF ATTORNE Y, REJANI R. NAIR, AGED 25, D/O. E.P.RADHAKRISHNAN BY ADV. SRI.VARGHESE C.KURIAKOSE SMT.THANKOM.G RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, MINISTRY FO CO-OPERATION SECRETARIAT, THIRUVNANTHAPURAM. 2. MELUKAVU HOUSING CO-OP, SOCIETY LTD., K-671, MELUKAVUMATTAM-52. 3. THE KERALA STATE CO-OP HOUSING FEDERATION, KALOOR, ERNAKULAM, KOCHI-17. REP. BY ITS SECRETARY, MANAGER/AUTHORISED OFFICER. 4. THE SENIOR INSPECTOR OF CO-OP SOCIETY, ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OP HOUSING FEDERATION KALOOR, ERNAKULAM, KOCHI-17. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21403 OF 2009 ------------------------ Dated this the 29th day of July, 2009. JUDGMENT In 1995 petitioner had availed of a housing loan of Rs.75,000/- from the respondent Bank. When default was committed, ARC.No.1409/2006 was filed and it resulted in an ex-parte award. To realize the dues recovery steps were initiated and the property is now scheduled to be sold as per Ext.P1 sale notification and the sale is scheduled to take place on 20th August, 2009. On 24.7.2009, the petitioner appears to have filed Ext.P2 seeking instalment facility to discharge the dues. 2. In this writ petition petitioner submits that without passing orders on Ext.P2, proceedings for the sale of the property is being continued. Having regard to the fact that the sale is to take place only on 20th August, 2009, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on 21403/09 2 Ext.P2, if the same has been received and is pending. This shall be done as expeditiously as possible and at any rate within 2 weeks from the date of production of a copy of the judgment. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ 21403/09 3