IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24603 of 2008(D) -------------------------- EP.49/2007 of SUB COURT, PAYYANNUR .................... PETITIONER: ------------ A. JANARDHANAN, S/O. M.V. KUNHI KANNAN, ALAKKAT HOUSE, NEAR GOVT. HOSPITAL, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.DAVID JOHN RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR. 2. PAYYANNUR SERVICE CO-OPERATIVE BANK LTD., NO. F 1401, PAYYANNUR.P.O, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. R1- BY SR.G.P.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.24603 OF 2008-D ---------------------------------------------- Dated this the 14th day of August, 2008. JUDGMENT In the light of the order being issued hereunder, notice to the second respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. Learned Senior Government Pleader appears for the first respondent. 2. I have perused the papers and heard the learned counsel for the petitioner. 3. The petitioner availed a loan of Rs.Two lakhs in October, 1998, suffered an arbitration award under the KCS Act in October, 2000 and is facing execution proceedings before the Sub Court, Payyannur, instituted in 2007. I do not find any ground to interfere with the impugned proceedings. 4. The petitioner states that he was running a small tea shop and hypotheticated 5 cents of land. After hearing the learned counsel for the petitioner and considering the different aspects of WPC.NO.24603/08 . 2 the matter, I do not find it feasible to assume that the petitioner will be able to repay the loan without sale of the property. However, as last opportunity, it is ordered that the sale proceedings in Ext.P2 execution petition, if not already held, shall stand deferred by three months to provide the petitioner an opportunity to pay the entire amounts or to make alternate private sale arrangements as may be conceded to by the second respondent. It is ordered that the time limit stated shall be treated as peremptory. This judgment will not preclude the petitioner from availing any benefit from the second respondent by way of any concession or reduction in the total outstandings and also any benefit of any applicable circulars. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl WPC.NO.24603/08 . 3