IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16814 of 2008(B) -------------------------------------- PETITIONER: PETITIONER ---------------------- T.N. RAMACHANDRA KURUP, THARANGOM, SANADANAPURAM.P.O, ALEPPEY-3. BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) RESPONDENTS: RESPONDENTS ------------------------ 1. ALLEPPEY HOUSING CO-OPERARTIVE SOCIETY LTD. NO. A 111, SAHAKARANA NAGAR, THATHAMPALLY.P.O, ALAPPUZHA-13. 2. THE JOINT REGISTRAR OF CO-OPERARTIVE SOCIETIES, ALAPPUZHA. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITIES (GENERAL), AMBALAPPUZHA, ALAPPUZHA. R2 & R3 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.16814 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of June, 2008. JUDGMENT 1.Having regard to the nature of the orders being issued hereunder, notice to the first respondent is dispensed with preserving its right to move this Court for review of this judgment, if aggrieved. 2.Heard the learned counsel for the petitioner and the learned Senior Government Pleader for respondents 2 and 3. 3.The petitioner availed a loan from the first respondent. According to him, the amounts were realized by the society and in doing so, there was an excessive execution of the award in spite of the directions of the Tribunal and this Court. This led to issuance of Ext.P5 letter. Since the WP(C)16814/2008 -: 2 :- petitioner's grievances were not redressed, he complained before the Government. Ext.P6 is relied on to show that the said complaint was forwarded to the second respondent for further consideration. Having regard to what is aforesaid, respondents 2 and 3 are directed to hear the petitioner and the first respondent and take a final decision on the question of execution, discharge and satisfaction of the award. It is further directed that if any amount is shown to have been recovered in excess of what was due from the petitioner in terms of the order of the Tribunal and that of this Court, necessary directions shall be issued for refund in a time bound manner. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/0506