IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25937 of 2008(K) -------------------------- PETITIONER: ------------ PRAMOD, S/O.SASIDHARAN SOODARA SADANAM, KOONAYIL VEEDU PARAVOOR PO., POOTHAKULAM VILLAGE KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. REGISTRAR OF CO.OP.SOCIETIES THIRUVANANTHAPURAM. 2. ASST.RGISTRAR, CO.OP.SOCIETIES, O/O.ASST.REGISTRAR KOLLAM. 3. SPECIAL SALE OFFICER, O/O.ASST.REGISTRAR, KOLLAM. 4. SECRETARY, KALACODE SERVICE CO.OP.SOCIETIES KALACODE, PARAVOOR, KOLLAM. R1, R2 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25937 OF 2008 ------------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to respondents 3 and 4 is dispensed with, preserving their right to move for review of this judgment, if aggrieved. Learned senior Government Pleader appears for respondents 1 and 2. 2. Heard learned counsel for the petitioner and learned senior Government Pleader. 3. The petitioner states that he supported a loan availed by his mother for construction of a house and later, he lost his mother in 1995. However, the fact remains that the loan was not repaid and this led to an arbitration award under the Kerala Co- operative Societies Act and Rules, resulting in the impugned execution proceedings, listing the property for sale today. WPC.25937/08 Page numbers 4. It is pleaded by the petitioner that some time in March, 2008, i.e., during the previous financial year, he had submitted a representation before the bank seeking the closure of the loan applying the circulars which were then in force. However, the bank had not taken any decision on that and thereby being deprived of that opportunity. 5. Having heard learned counsel for the petitioner, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. However, it may be appropriate that the petitioner is given four months' time to wipe off the entire outstandings on condition that he deposits 1/4th of the total outstandings in terms of the impugned proceedings within a period of three weeks from now and the remaining portion in three equal instalments on such dates as may be fixed by the third respondent on production of a copy of this judgment. 6. Having regard to the plea that the petitioner had applied for the benefit of certain circulars, the 4th respondent will look WPC.25937/08 Page numbers into the files maintained by it and if it is seen that the petitioner had, as a matter of fact, placed an application, which had been left without being considered, the same shall be taken up and appropriate decision issued even though the outer limit of 31.3.2008 is over. This is because had his application been on file on an earlier date, it would only be reasonable to give the benefit of the beneficial circulars issued by the co-operative department. If the sale takes place today, the confirmation of that will stand adjourned to work out the directions contained in this judgment. If there is default in remitting any amount in terms of this judgment, the benefit of this judgment shall stand recalled automatically. The writ petition is disposed of with the above directions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.