IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 768 of 2008(N) ----------------------------------- PETITIONER: ------------------ RAJAN THAMBI, S/O.KUNJU PILLAI, SHEELA NIVAS, NEAR B.H.S., ATTINGAL P.O. ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: ----------------------- 1. RECOVERY OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK HEAD OFFICE, THIRUVANANTHAPURAM. 2. THE MANAGER, DISTRICT CO-OPERATIVE BANK LTD., NEAR K.S.R.T.C., ATTINGAL. ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.768/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1 AND P1(a):- COPY OF THE MEDICAL RECORDS OF PETITIONER'S SON. EXT.P2 AND P2(a):- COPY OF THE TREATMENT RECORDS OF THE PETITIONER. EXT.P3:- COPY OF THE TREATMENT RECORDS OF THE WIFE OF THE PETITIONER. ET.P4:- COPY OF THE NOTICE DT. 17.10.2007. EXT.P5:- COPY OF THE INTIMATION LETTER DT. 28.12.07. EXT.P6:- COPY OF THE OBJECTION DT. 31.12.07 FILED BY PETITIONER BEFORE THE RESPONDENT BANK. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.768 OF 2008 ------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT The petitioner has remitted certain amounts in terms of the interim orders. Having heard learned counsel for parties, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Learned counsel for the petitioner submitted that all that the petitioner now desires is an opportunity to pay off the entire remaining outstandings, if he is given some reduction in the total accruals. Recording that submission, this writ petition is ordered directing that having regard to the physical and mental status of the petitioner, his wife and their son, as evidenced by the materials on record, the respondents will grant the petitioner the maximum reduction possible and let the petitioner settle the transaction by paying the remaining outstandings within an outer limit of 45 days from now. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.