IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1221 of 2008(U) ------------------------- PETITIONER: ------------------- K.SHEELA, "AISHWARYA", KUNNIRIKKA, P.O.PATHIRIYAD, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.VINEETH KURIAKOSE RESPONDENTS: ---------------------- 1. THE KADIRUR CO-OPERATIVE HOUSING SOCIETY LTD., NO.C.425, KADIRUR, THALASSERY, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 3. THE SPECIAL SALE OFFICER, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL KANNUR. R2 & R3 BY GP SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.1221 of 2008 ================================== Dated this the 11th day of January, 2008. JUDGMENT Heard the learned counsel for the petitioner quite in extenso as regards the merits of the case. Learned Government Pleader appears for respondents 2 and 3. Having regard to the nature of the directions being issued hereunder, notice to the first respondent is dispensed with, preserving his liberty to move for review of this judgment, if aggrieved. 2. Petitioner is a defaulter. She suffered an arbitration award, which proceedings she did not contest. The impugned sale is therefore within the limits of law and jurisdiction. No fault can be found with that. Petitioner's only request at the stage of admission is for a facility to pay off the WPC1221/2008 -:2:- amounts in instalments and for consideration whether the entire amounts due, as of now, could be repaid and to let the transactions which was initially stated to be for a period of fifteen years to survive. 3. Having suffered the arbitration award, it would not be appropriate for this Court to direct the first respondent to regularise the account by receiving the present outstandings though such a course of action could be adopted by the first respondent in its own wisdom. In the aforesaid circumstances, this writ petition is disposed of directing that if the entire amount due under the impugned demand is paid off in six equal monthly instalments, payable on or before the 25th of every month commencing from January, 2008 thus wiping WPC1221/2008 -:3:- off the entire outstandings, including accruals, the impugned action shall be dropped. If the petitioner applies for revival and regularization of the loan transaction, the directions contained above will not stand in the way of the first respondent considering such request. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.