IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 26456 of 2009(B) -------------------------------------- PETITIONER: ------------------- ABDUL RASHEED,SON OF ALIYARUKUNJU, AGED 40 YEARS,MUKALUVILA VEEDU, KOTTANKARA,CHANDANATHOPE,KOLLAM. BY ADVS. MR.P.B.SURESH KUMAR, MR.K.P.SUJESH KUMAR, MR.K.N.SASIDHARAN NAIR, SMT.SANDHYA RADHAKRISHNAN, SMT.M.SRUTHY. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM REGIONAL OFFICE,MALLOOR ROAD, VANCHIYOOR,THIRUVANANTHAPURAM. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOLLAM. 4. KUNDARA RURAL HOUSING CO-OPERATIVE SOCIETY,REPRESENTED BY ITS SECRETARY, KUNDARA RURAL HOUSING CO-OPERATIVE SOCIETY,KUNDARA,KOLLAM. R1 & R3 BY SR. GOVT. PLEADER K.S. MOHAMMED HASHIM, R4 BY ADVS. MR.K.S.MANU (PUNUKKONNOOR), MR.P.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26456/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE NOTICE PUBLISHED BY THE R.2. DTD. 30/07/2009. EXT.P.2: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE PETITIONER DTD. 09/09/2009. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 17/09/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. SIRI JAGAN, J ............................................... W.P(C) No. 26456 of 2009 ................................................. Dated this the 27th day of October, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 4th respondent society. The petitioner challenges coercive recovery proceedings initiated by the respondents for recovery of the amounts due. The petitioner prays that the petitioner may be permitted to regularise the loan account by paying the defaulted arrears and to continue paying the installments as per the loan agreement. 2. The learned counsel appearing for the 4th respondent submits that the society is not in a position to regularise the loan account in so far as the arbitrator has passed an award permitting the society to recover amounts from the petitioner pursuant to which only recovery proceedings have been initiated. 3. In the above circumstances, the petitioner confines his prayer for permission to pay off the amounts in installments. This is opposed by the counsel for the 4th respondent. W.P(C) No. 26456 of 2009 -2- Taking into account, the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondent to permit the petitioner to pay off the balance amounts due in nine equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments on the due dates without default, further proceedings pursuant to Ext.P1 shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE rhs