IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 22032 of 2005(W) -------------------------- PETITIONER: ------------ KURUVATHAZHE THOMAS, S/O. MATHAI, KURUVATHAZHE HOUSE, VANNAIKADAVU, P.O. PAYYAVOOR, PAYYAVOOR, KANNUR DISTRICT, PIN-670 633. BY ADV. SRI.SARVOTHAMAN RESPONDENTS: ------------- 1. THE SPECIAL SALE OFFICER, CANNANORE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO.C-1006, KANNUR, P.C.A.D. BANK GROUP, TALAP, KANNUR-2. 2. THE BOARD OF DIRECTORS, REPRESENTED BY IT'S PRESIDENT, KANNUR CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.C-1006, H.O. TALAP, KANNUR-2. 3. THE KANNUR PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED, SREEKANDAPURAM BRANCH, REPRESENTED BY IT'S SECRETARY, SREEKANDAPURAM P.O., KANNUR DISTRICT. 4. THE VILLAGE OFFICER, PAYYAVOOR, PAYYAVOOR P.O., KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN FOR R2 G.P. SHRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.9.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 22032/05. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE THE ENTRIES IN THE PASS BOOK. P2. COPY OF THE CASH BILL DTD.27.2.04. P3. COPY OF THE NOTICE BY R1 DTD.16.5.05. P4. COPY OF THE NOTICE DTD.NIL BY R1. P5. COPY OF THE OBJECTION BY THE PETITIONER DTD.18.7.05 BEFORE R2. P6. COPY OF THE JUDGMENT IN W.P.C.NO.12845/95 OF THIS COURT. P7. COPY OF THE JUDGMENT REPORTED IN AIR 1990 SC 119. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.22032 of 2005 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT Petitioner is aggrieved by the recovery steps initiated by the 3rd respondent. Learned counsel for the 3rd respondent submits that despite the interim order only four instalments have been paid so far. Be that as it may, in the event of the petitioner approaching the 3rd respondent for availing the benefit of one time settlement scheme available during the pendency of the writ petition, within a period of one month from today, the matter will be considered by the 3rd respondent and appropriate action in accordance with law in the matter will be taken within another three months. It is made clear that in case the petitioner does not approach the 3rd respondent within a period of one month from today, it will be open to the 3rd respondent to recover the amount in lump. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.22032 of 2005 ----------------------------------- JUDGMENT 1st September, 2008