IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17138 of 2008(M) -------------------------- PETITIONER: PETITIONER ---------------------- K.P. SUDARSANAN, S/O. PARAMESWARAN, PROPRIETOR, CHYTHANYA IUNDUSTRIES, RESIDING AT KOLLAMPARAMBU HOUSE, MUHAMMA.P.O, ALAPPUZHA DT. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.G.BENO RESPONDENTS: RESPONDENTS ------------------------ 1. CHERTHALA CO-OP AGRICULTURAL AND RURAL DEVELOPMENET BANK LTD. NO. A - 397, CHERTHALA, ALAPPUZHA DT., REP. BY ITS SECRETARY. 2. THE PRESIDENT, CHERTHALA CO-OP AGRICULTURAL AND RURAL DEVELOPMENET BANK LTD. NO. A - 397, CHERTHALA, ALAPPUZHA DT., REP. BY ITS SECRETARY. 3. THE SALE OFFICER, CHERTHALA CO-OP AGRICUTURAL AND RURAL DEVELOPMENT BANK LTD., A-397, CHERTHALA, ALAPPUZHA DT. 4. THE ADDITIONAL DIRECTOR OF INDUSTRIES, DEPARTMENT OF INUDSTRIES, TRIVANDRUM. 5. THE SECRETARY TO THE DEPARTMENT OF CO-OPERATION, TRIVANDRUM. 6. GENERAL MANAGER, KERALA STATE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., TRIVANDRUM. BY SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------- W.P.(C) NO. 17138 OF 2008(M) -------------------------------------------------------------------- Dated this the 10th day of June, 2008 J U D G M E N T Heard the learned counsel for the petitioner and the learned senior Government Pleader for respondents 4, 5 and 6. Notice to respondents 1 to 3 is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner and respondents 1 and 2 had different litigations including one before this court regarding satisfaction in the matter of repayment of amounts due under certain loan transaction. As of now, the complaint of the petitioner is that there is excessive execution and realisation and hence the respondent 1 to 3 may be directed to take steps for restitution by repaying to the petitioner the amounts which have been paid in excess. WPC No.17138/2008 - 2 - 3. Having heard learned counsel for the petitioner and the learned senior Government Pleader, I am satisfied that if the third respondent, sale officer, gives a fair opportunity of hearing to the petitioner and first respondent through its competent officer and draws up appropriate reconciliation statement regarding the payments made against the total outstandings by applying all the decisions referred to inter-partis including the judgments of this Court which are produced along with this writ petition, thereby, the grievances of the petitioner could be redressed. Hence, this writ petition is disposed of directing as follows:- i. The petitioner shall place a copy of this writ petition each before the first respondent and third respondent. ii. The third respondent shall conduct appropriate hearing as directed above and take a decision regarding the allegations of the petitioner. In doing so, the third respondent shall take into consideration all judicial and other decisions inter-partis including WPC No.17138/2008 - 3 - the judgments of this Court which are exhibited in this writ petition. Needless to say that the writ appeal judgments, if any, will prevail over this judgment. iii. The third respondent shall determine the amounts, if any, that may be due to the petitioner and if it is decided that amounts are actually due on reconciliation in the light of what is stated above, the third respondent shall notify that the first respondent will pay the same forthwith. If the third respondent concludes that the amounts are due from the first respondent to the petitioner, such amount shall be released to the petitioner and any further transactional documents still in the custody of the first respondent shall also be released within an outer limit of three weeks from the date of the communication of the third respondent. iv. Until the aforesaid happens, all further proceedings against items 4 and 5 in Ext.P1 shall stand suspended. WPC No.17138/2008 - 4 - The petitioner is directed to produce a copy of this judgment each before respondents 1 and 3 for compliance, as directed above. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/6/2008 // True copy // P.A. to Judge.