IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 19312 of 2008(Y) -------------------------------------------- PETITIONER: ------------------ P.D.GEORGE, S/O.LATE MR.DEVASSIYA, AGED 58, PUTHENPURAYIL HOUSE, KARIMBA KARA, KARIMBA VILLAGE, MANNARKAD TALUK, PALAKKAD DIST. BY ADV. SRI.SABU FRANCIS SRI.C.T.APPACHEN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, TRIVANDRUM. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. 3. THACHAMPARA BHAVANA NIRMANA SAHAKARANA SANGHAM LTD. NO.P.817, THACHAMPARA.P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. ADDL. R4. THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. (ADDL. R4 IS IMPLEADED AND THE NAME OF THE THIRD RESPONDENT IS AMENDED AS PER ORDER DATED 14.8.2008 IN I.A.NO.10519/08). R1 & R2 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN ADV. SRI.SAJAN VARGHEESE K. FOR R3 SRI.LIJU. M.P FOR R3 SRI.A.K.CHINNAN FOR ADDL.R4 SMT. SUSAL. A. CHINNAN FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 19312 OF 2008 Y -------------------------------------- Dated this the 16th October, 2008 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner availed a loan from the third respondent. According to petitioner, on account of personal reasons, he committed default. Ultimately, petitioner was called for settling the matter under the One Time Settlement Scheme vide Ext.P6 on 7.3.2008. It was settled and the petitioner was to pay Rs.1.75 Lakhs on or before 31.3.2008. Petitioner could not pay the said amount by the said date. Petitioner had approached this Court and this Court disposed of the Writ Petition directing recovery steps to be kept in abeyance, apparently taking into consideration the request of the petitioner that he will settle the matter in sixty days' time. (A perusal of the Judgment would show that no notice was issued to the third respondent in that case). No doubt, it was observed that it is open to the third respondent to seek review. Learned counsel for petitioner WPC.19312/08 Y 2 pleads the difficulties faced consequent to the death of the petitioner's wife and also the inability to raise the funds within the period of twentyfour days. Learned counsel submits that the petitioner is prepared to pay Rs.1.75 Lakhs now. 2. Learned counsel appearing on behalf of the third respondent points out that the third respondent is essentially giving loans on the basis that the third respondent will get 1.5 per cent interest on the transaction and the funds are disbursed by the fourth respondent and, therefore, they are not in a position to make any adjustment. Counsel for the fourth respondent in turn would submit that they themselves survive on assistance from the Central Financing Agencies and in such circumstances, both the counsel for the third and fourth respondents resist the request of the petitioner for settlement of the matter by paying Rs.1.75 Lakhs. 3. The third respondent from which the petitioner has availed loan is admittedly a Co-operative Society. The matter falls in the realm of contract. No statutory duty or public duty as WPC.19312/08 Y 3 such is made out, to act as requested by the petitioner. It may not be appropriate for the writ court to interpose itself in such a matter in the facts of this case. Therefore, I am constrained to decline the reliefs sought for by the petitioner. Accordingly, the Writ Petition is liable to be dismissed and I do so. However, I make it clear that this will not stand in the way of the petitioner approaching respondents 3 and 4 for any settlement which is possible in law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge