IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3672 of 2008(K) ------------------------------------ PETITIONER: ------------------- N.SUKUMARAN, S/O. LATE THAPPAN EZHUTHASSAN, NALAMKULANGARA HOUSE, POST MULANHOOR, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ----------------------- 1. OTTAPALAM CO- OP. URBAN BANK LTD. NO.F 1647, OTTAPALAM REP.BY ITS GENERAL MANAGER. 2. THE SPECIAL SALE OFFICER FOR OTTAPALAM, CO-OP URBAN BANK LTD., NO. F 1647, OFFICE OF THE ASST. REGISTRAR OF CO- OP. SOCIETIES (G) OTTAPALAM. R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 3672 OF 2008 = = = = = = = = = = = = = Dated this the 31ST day of January, 2008. = = = = = = = = = == = = = = = = = = = = = J U D G M E N T Having regard to the nature of the order being issued here under notice to first respondent is dispensed with preserving its right to move this court to review this judgment, if aggrieved. 2. The petitioner and his mother availed a loan from the first respondent and pledged their property which is stated to be one that belonged exclusively to his mother, who is now no more, leaving behind the petitioner and certain other legal representatives. Petitioner, as a co-sharer of the estate of his late mother, is entitled to save the property from distress action on behalf of the other co-sharers also. Under such circumstances, the petitioner confines his submission for an opportunity to pay off all the outstanding in instalments and also for any ameliorative provision to reduce the total outstandings. Having regard to the above, this Writ Petition is disposed of directing that if the petitioner makes an application to the first respondent for reduction of the total outstanding amount, the W.P.(C).No. 3672 OF 2008 2 same shall be considered and appropriate decision issued. Pending that, if the petitioner remits at the rate of Rs. 6000/- per month, payable on or before 10th of every month, the impugned order shall be held in abeyance, letting the petitioner pay off the entire amount on the basis of the decision by the first respondent on the request the petitioner may make, as stated above. If there is any default in paying any of the instalment as directed above, the benefit of this judgment will stand recalled automatically and the writ petition will stand dismissed. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-