IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 18121 of 2005(G) -------------------------- PETITIONER: ----------------- K.C.JOHN, AGED 61 YEARS, S/O.CHERIYA, KALAPPURACKAL HOUSE, KAKKAD P.O. PIRAVOM, ERNAKULAM DISTRICT. BY ADV. SRI.A.P.SUBHASH RESPONDENTS: ---------------------- 1. MOOVATTUPUZHA - KOTHAMANGALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HAVING NO.4389, MOOVATTUPPUZHA REPRESENTED BY ITS SECRETARY. 2. JUNIOR CO-OPERATIVE INSPECTOR/ SPECIAL SALE OFFICER, MUVATTUPPUZHA-KOTHAMANGALAM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. HAVING REG. NO.4389, MUVATTUPPUZHA. BY ADV. SRI.K.JAJU BABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 18121/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : COPY OF JUDGMENT DATED 11.4.2002 IN O.P.NO. 5863/2002(W) OF HON'BLE HIGH COURT OF KERALA. EXHIBIT P2 : TRUE COPY OF JUDGMENT DATED 27.10.2004 IN O.P. 28056/02 (M) OF HIGH COURT OF KERALA. EXHIBIT P3 : TRUE COPY OF REPRESENTATION DATED 10.12.2004 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P4 : TRUE COPY OF A/D. CARD DATED 17.12.2004. EXHIBIT P5 : TRUE COPY OF NOTICE CUM PROCLAMATION NOTICE DATED 19.4.2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.18121 of 2005 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T The issue raised in the writ petition pertains to the recovery steps initiated by the respondent bank. In view of the intervening developments, in case the petitioner has still any grievance left, he may approach the Bank itself. It is made clear that in case the petitioner does not cooperate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is made clear that the benefit of settlement schemes, if any available presently or during the period when the writ petition was pending, will also be extended to the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.18121 of 2005 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.