IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WA.No. 1339 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.16549/2009 Dated 23/06/2009 .................... APPELLANT/PETITIONER: ------------------------------------- R.ANILKUMAR, T.C.50/351-1 “SREENANDANAM', KALADY, KARAMANA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.SABU GEORGE RESPONDENT/RESPONDENT: ------------------------------------------- CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV.SRI.N.NANDAKUMARA MENON (SR.) & ADV.SRI.P.K.MANOJ KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1339 of 2009 ------------------------------------------ Dated, this the 26th day of June, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. He approached this Court for a direction to the Corporation of Thiruvananthapuram to settle his bills overlooking the priority. The learned Single Judge dismissed the writ petition on the ground that the reason projected by the writ petitioner that his property is being attached and brought to sale for recovery of arrears due to the Bank is not one covered by Ext.P3 Bench decision. 2. Sri.N.Nandakumara Menon, learned senior counsel appearing for the Corporation, submits that the Corporation is not in a position to pay the money overlooking the priority in view of the directions in Ext.P3 judgment. But, we find that the grounds in Ext.P3 judgment are not exhaustive. Here is a situation where the residential house of the appellant/writ petitioner is being proceeded against for recovery of arrears due to the Bank. On the face of such coercive steps W.A.No.1339 of 2009 - 2 - taken by the Bank, it is only just, proper and reasonable that some precedence is given to the appellant to save his residential property. 3. Therefore, we set aside the judgment of the learned Single Judge and dispose of the writ petition with a direction to the respondent Corporation that in the peculiar facts and circumstances of this case the Corporation shall give precedence to the bills amount due to the appellant/writ petitioner. The amounts shall be paid to him within a period of three weeks from today. The Corporation will also give due intimation to the District Co-operative Bank, Thiruvananthapuram that the Corporation has taken steps to settle the bills due to the appellant/writ petitioner so as to enable him to approach the District Co-operative Bank for availing the benefits under the One Time Settlement Scheme. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns