IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28094 of 2008(T) -------------------------------------- PETITIONER: ------------------- PADMINI AMMA, AGED 44 YEARS, D/O. LATE KOCHU NARAYANIAMMA, PANDARATHIL HOUSE, MATTATHURKUNNU.P.O, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.A.X.VARGHESE, SRI.A.V.JOJO, SMT.C.R.SOBHANA. RESPONDENTS: ----------------------- 1. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETY, THRISSUR. 2. ASSISTATN REGISTRAR (GENERAL) CO-OPERATIVE SOCIETY, MUKUNDAPURAM. 3. MANAGING DIRECTOR, THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO. R- 761, P.O. KODAKARA, THRISSUR-680 684. R1 & R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28094 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2008. JUDGMENT 1.Learned Government Pleader appears for respondents 1 and 2. Having regard to the nature of the orders being issued hereunder, notice to the third respondent is dispensed with preserving right to move for review of this judgment, if aggrieved. 2.The petitioner appears to be a person in the financially marginalized sector who had availed some facility from the third respondent, a farmers' service co-operative bank in the form of a Medium Term loan which happened to be re- scheduled ultimately with certain offer to re- schedule the transaction as stated in Ext.P2, WP(C)28094/2008 -: 2 :- This Court is not apprised by the petitioner that there were any further transactions after Ext.P2 on the basis of which the petitioner should be denied the facility for re-scheduling the transaction, as of now, to avert the recovery proceedings. Having regard to the scenario noticed by the Joint Registrar (General), the first respondent, in Ext.P2, it is directed that on production of a copy of this judgment, the first respondent will issue appropriate instructions to the third respondent and to the petitioner to let the petitioner avail the facility unless it is impermissible in law. For such purpose, the petitioner is directed to produce a copy of this judgment and a copy of the writ petition before respondents 1 and 3 and to appear before the first respondent on the 16th of October, 2008 to mark her attendance for further proceedings before the first respondent as directed above. All distress action against the petitioner will WP(C)28094/2008 -: 3 :- stand deferred to be regulated by the decision that may be taken by the first respondent in that regard. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230908