IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29624 of 2008(B) --------------------------------------- PETITIONER: ------------------- SARASU, AGED 80 YEARS, W/O.LATE KUTTAN, VADAKKOTTU HOUSE, THALIYAKKONAM DESOM, MADAYIKKONAM VILLAGE, MUKUNDAPPURAM TALUK. BY ADV. SRI.V.BINOY RAM. RESPONDENTS: ----------------------- 1. KARUVANNUR SERVICE CO-OPERATIVE BANK LTD.NO.112, KARUVANNUR, THRISSUR, REP.BY ITS SECRETARY, SUNILKUMAR. 2. SPECIAL SALE OFFICER, KARUVANNUR SERVICE CO-OPERATIVE BANK LTD, NO.112, KARUVANNUR, THRISSUR. R2. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 29624 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of October, 2008. JUDGMENT Having regard to the nature of the orders being issued hereunder, notice to the first respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. The petitioner states that her son Ajayan had availed a loan and suffered an arbitration award and is facing execution proceedings; the movable and immovable properties proceeded against in execution of that award belong exclusively to her and that she is not a party to the ARC or execution proceedings. If that be so, the quality of the claim of the petitioner can be easily worked out before the second respondent who is empowered to consider her claim and adjudicate thereon and arrive at a decision. Under such WP(C)29624/2008 -: 2 :- circumstances, it is directed that there shall be no actual distress action against the immovables or movables in the house where the petitioner resides and the movables covered by Ext.P2 will be released to her on deposit of an amount of Rs.14,850/- to be accounted on the basis of the decision that may be taken by the sale officer on the claim of the petitioner. It is clarified that this judgment does not stand in the way of appropriate action against the personal properties of the debtors under the award. This writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/071008