IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 28632 of 2005(H) -------------------------- PETITIONER: ------------ SURENDRAN NAIR.K., S/O.KRISHNAN NAIR, ANIL NIVAS, KALAYAPURAM P.O., KOTTARAKKARA. BY ADV. SRI.LEGY ABRAHAM SRI.C.N.SIVANKUTTY SRI.JOSWIN THAMBI KUNNATH RESPONDENTS: ------------- 1. THE REGISTRAR, CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE KOTTARAKKARA TALUK HOUSING CO-OPERATIVE SOCIETY LTD.NO.Q451, KOTTARAKKARA P.O., REPRESENTED BY ITS SECRETARY. 3. SPECIAL ARBITRATOR-CUM-SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, MALLOOR ROAD, VANCHIYOOR P.O., THIRUVANANTHAPURAM-35. R1 BY G.P,. SMT. SMITHA BY ADV. SRI.B.MOHANLAL FOR R2 SMT.MEREENA JOSEPH FOR R2 SMT.M.M.POORNIMA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LAST RECEIPT NO.1778 DATED 31.8.2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE DEMAND NOTICE NO. 1088/04 DATED 19.8.2005 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 28632 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Even though petitioner was granted an interim order on 7.10.2005 directing payment of Rs. 8,000/-, even the said amount is stated to be not paid by the petitioner. The arrears sought to be recovered is house building loan availed by the petitioner for construction of a house. It is for the petitioner to settle liaibility under Amnesty Scheme or instalment scheme. W.P. is closed leaving freedom to the petitioner to approach the co-operative Bank for settlement of liability. If there is no agreement between the petitioner and bank for settlement, recovery can be continued against the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 2