IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 31807 of 2008(Y) -------------------------------------- PETITIONER(S): ---------------------- KOTHA, AGED 65, W/O. KANDDU, KARIPPOTUPANIYIL HOUSE, MANATHALA, PUNNA, P.O.CHAVAKKAD. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): ------------------------ 1. GURUVAYUR CO-OPERATIVE URBAN BANK H.O.GURUVAYOOR THRISSUR DISTRICT REP. BY ITS GENERAL MANAGER. 2. SALE OFFICER/AUTHORISED OFFICER GURUVAYUR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR ,CHAVAKKAD THALUK, THRISSUR. 3. GURUVAYUR CO-OPERATIVE URBAN BANK LTD.NO.F.1652, BRANCH MUTHUVATHOOR, CHAVAKKAD ,THRISSUR DISTRICT. 4. CHAL HAKKIM,S/O.KUNJUMUHAMMED, CHALIL HOUSE, CHAVAKKAD ,THRISSUR DISTRICT. R1 TO R3 BY ADV. SRI.DEVAPRASANTH P.J., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31807 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of November, 2008. JUDGMENT Petitioner's complaint is about the refusal of the bank to settle a transaction by extending the benefit of a one time settlement scheme which, according to the petitioner, is available. But the fact remains that with the prior concurrence of the Registrar and the Board of Directors, the bank has exercised statutory power under the KSCARD Act and has sold the property to the fourth respondent. Therefore, any settlement between the petitioner and the bank cannot resolve the issue. Hence, this writ petition is dismissed without prejudice to the right of the petitioner to take appropriate statutory remedies, if any, available in accordance with law. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/