IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36946 of 2008(W) -------------------------- PETITIONER(S): --------------- C.M.THOMAS, AGED 55 YEARS, S/O.C.V.MATHEW, CHERUKATHARA HOUSE, MUNDAKAYAM P.O., PAINGANA 686 513, KOTTAYAM DISTRICT. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. THE MUNDAKAYAM SERVICE CO-OPERATIVE BANK LTD., NO.K.122, MUNDAKAYAM, KOTTAYAM DISTRICT 686 513, REPRESENTED BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOTTAYAM-2. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36946 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Notice to the first respondent dispensed with preserving its right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for the second respondent. The petitioner availed a loan from the first respondent. He faced distress action on account of non repayment. That has led the property being transferred in favour of the first respondent in terms of the distress action. The only plea of the petitioner is for consideration of the request for re-conveyance of the property on payment of the outstandings. Recording this submission and repelling all other contentions, it is directed that if the petitioner makes appropriate request to the first respondent, on consideration of that request by the committee of the first respondent, the relief of re-conveyance, on payment of appropriate amount that may cover the entire outstandings and other incidentals, with available deductions, would be extended WPC.36946/08 Page numbers to the petitioner. This shall be done within a period of four months from the date of receipt of such application of the petitioner. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.