IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28889 of 2008(L) ---------------------------------------- PETITIONER: -------------------- K.V.LONAPPAN, S/O.KUTTIKKADAN VAREED, KUTTIKKADAN HOUSE, KANAKAMALA PO., KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES(GENERAL), THRISSUR. 3. THE ASSISTANT REGISTRAR(GENERAL) CO.OPERATIVE SOCIETIES, THRISSUR. 4. THE THRISSUR URBAN CO.OPERATIVE BANK LTD. MISSION QUARTERS, THRISSUR REPRESENTED BY THE GENERAL MANAGER. 5. REENA, W/O.K.V.LONAPPAN, KUTTIKKADAN HOUSE, KANAKAMALA PO., KODAKARA, THRISSUR. 6. BIJU.M.V., S/O.VARUNNI, NANGINI HOUSE, CHALAKKUDI, THRISSUR. BY GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR – R1 TO R3 BY ADV. SRI. C.D.DILEEP, SC - R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28889 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. JUDGMENT Learned Government Pleader appears for respondents 1 to 3. Adv.Sri.C.D.Dileep appears for the fourth respondent. Having regard to the nature of the orders being issued hereunder, notice to respondents 5 and 6 is dispensed with preserving their right to move for review of this judgment, if aggrieved. The petitioner is a debtor of the 4th respondent. He filed Ext.P9 seeking the benefits of Exts.P7 and P8 circulars in the matter of repayment. The creditor bank takes the definite stand that the terms of those circulars were over and the bank cannot be compelled to act on those circulars, even otherwise. However, the creditor bank has expressed its willingness to extend to the WP(C)28889/08 -: 2 :- petitioner an opportunity to be covered under the provisions of the Special Recovery Scheme. With that, this writ petition is ordered without prejudice to contentions and leaving open all questions arising for decision, relegating the petitioner to the fourth respondent for appropriate decision and action following what is stated above, subject to the approval of the Officer exercising the powers of the Registrar, who will consider the case sympathetically, if recommended by the bank. There shall be no auction proceedings as of now and the same will be subject to what is stated above. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300908