IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 12815 of 2009(V) -------------------------------------- PETITIONERS: --------------------- 1. LISSIAMMA, AGED 48, W/O. STANLEY JOHN, SHALOM, PERUMPAZHATHUR.P.O., NEYYATTINKARA. 2. RAJARETNAM, BINDHU BHAVAN, KUZHIMALA, PERUMPAZHATHUR.P.O., NEYYATTINKARA. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON. RESPONDENTS: ------------------------ 1. THE SPECIAL SALE OFFICER, NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.T.417, NEYYATTINKARA – 695 129. 2. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM – 695 001. 3. THE NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.T. 417, REPRESENTED BY ITS SECRETARY – 695 001. 4. SMT. PRAMILA VIOLET JOHN, S/O. JOHN.D, RESIDING AT PRAMEELA BHAVAN, PERUMPAZHUTHOOR.P.O., NEYYATTINKARA – 695 129. W.P.(C). NO.12815/2009-V: 5. JOHN, PRAMEELA BHAVAN, PERUMPAZHUTHOOR.P.O., NEYYATTINKARA – 695 129. 6. JAYALAL, S/O. DAMODARAN, USHUS, PARAYATHUKONAM.P.O., CHERUVALLYMUKKU, ATTINGAL VIA., R1 & R2 BY GOVT. PLEADER SRI. P.M. MANOJ, R3 BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, R4 & R5 BY ADV. SRI.G.SUDHEER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.12815 of 2009 ------------------------------- Dated this the 19th day of July, 2011 J U D G M E N T The petitioners, who are guarantors to a loan availed by the fourth respondent and have also themselves availed loans from the third respondent bank have filed this writ petition challenging the sale of immovable properties belonging to them by the first respondent on 21.2.2005. 2. In view of the fact that sale had not been confirmed and the petitioners had expressed willingness to settle the loans reserving liberty with the petitioners to proceed against the principal debtors, I had by order passed on 27.6.2011 directed that if the petitioners tender the sum of Rs.38,87,312/- together with interest thereon at the rates stipulated in Ext.P10 on or before 15.7.2011 and also the expenses incurred for bringing the property to sale including the expenses for publication of the sale notice, the bank shall receive the same in full satisfaction of the loans. 3. Today, when the writ petition came up for further hearing, the learned counsel on both sides submitted that the petitioners have in compliance with the interim order passed by this Court on 27.6.2011 paid the entire amount due to the bank and the W.P.(C) No.12815 of 2009 2 loan accounts have been closed. The learned counsel appearing for the bank submitted that the bank will return the documents of title to the petitioners, if they appear before the third respondent. The learned counsel for the petitioners submitted that in such circumstances the writ petition may be closed as infructuous reserving liberty with the petitioners to proceed against the principal debtors for contribution to the extent of their liability to the third respondent. In the light of the facts stated above, the writ petition is closed as infructuous, but with the observation that the dismissal of the writ petition as infructuous will not stand in the way of the petitioners from proceeding against the principal debtors for contribution to the extent of their liability to the third respondent. P.N. RAVINDRAN, JUDGE. nj.