IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5559 of 2009(L) ------------------------- PETITIONER(S): --------------- A.THAIKUTTY, W/O.MADHAVAN,VAUKAMPADAM, S.N.NAGAR, MALAMPUZHA, PALAKKAD. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE PALAKKAD PRIMARY CO-OP AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.F.1028, REP.BY THE SECRETARY,PALAKKAD. 2. SPECIAL SALE OFFICER,THE PALAKKAD PRIMARY CO-OP AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.F.1028,PALAKKAD. 3. STATE OF KERALA,REP.BY THE SECRETARY TO GOVT.CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5559 OF 2009 ------------------------------------------- Dated this the 19th day of February, 2009 JUDGMENT The petitioner and four others face proceedings as per Ext.P3, by which, an item of property is put for sale today under the Co-operative Agricultural and Rural Development Bank Act. Proceedings commenced in the year 2005 and the petitioner has deposited an amount of Rs.15,000/- in 2007 as evidenced by Exts.P2(a) and (b). It is not appropriate for this Court to interfere at this point of time and compel the bank in any manner, including to act on the request in Ext.P4. There are provisions under the CARD Bank Act which enable the debtor to retrieve the property since there is opportunity even now to pay off the amounts. Without prejudice to the right of the petitioner to seek relief before the competent authority in the bank in terms of the CARD Bank Act, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.20/2.