IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 12531 of 2008(P) --------------------------------------- PETITIONER: ------------------- M.V. ARAMUKHAN, AGED 60 YEARS, S/O.PENHU, AKKORAM VEETTIL, PO KARUKATHIRUTHI PONANI. BY ADV. SRI.P.CHANDRASEKHAR. RESPONDENTS: ----------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PONANI, MALAPPURAM DISTRICT. 2. THE SPECIAL ARBITRATOR/SALE OFFICER, PARAPPANANGADI, KONDOTTY & PONANI HOUSING CO-OPERATIVE SOCIETIES (GROUP), OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) TIRUR, MALAPPURAM DISTRICT. 3. THE PONANI TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD M 16, REPRESENTED BY ITS SECRETARY, PONANI,PONANI P.O, MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R3 BY ADV. SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12531/2008-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISABILITY CERTIFICATE DTD. 08/03/2006 ISSUED TO THE PETITIONER BY TALUK DISABILITY BOARD, PONANI. EXT.P.2: COPY OF THE LOAN PASS BOOK ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.3: COPY OF THE RECEIPT NO. 01700 DTD. 03/08/2006 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.4: COPY OF THE ORDER NO. 807/2007/C DTD. 14/01/2008 OF THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.12531 Of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. JUDGMENT 1.The petitioner availed a loan and defaulted it leading to the impugned proceedings whereby his property was sold on 27-3-2006 and confirmed in favour of the bank on 14-1-2008. 2.Having heard learned counsel for parties, I do not find any legal infirmity or jurisdictional error in the impugned proceedings. However, the petitioner states that he is an illiterate agricultural labourer with severe challenge to his faculty of speech and hearing and that his two sons met with traffic accident and his daughter has since been married off. The petitioner had been complying with the conditions imposed by this Court as per interim order dated 10-4-2008. WP(C)12531/08 -: 2 :- Under the aforesaid circumstances, repelling all contentions and having regard to the total outstandings that may be due for the bank to re- convey the property to the petitioner, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.7500/- per month payable on or before the last working day of every month commencing from August, 2008 and wipes off the total outstandings and also remits such expenses as are necessary for re- conveyance, the bank will re-convey the property to the petitioner in accordance with law. If there is default in remitting any two instalments consecutively, the benefits of this judgment will stand recalled automatically and the writ petition will stand dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120808