IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 24236 of 2008(I) ------------------------------------- PETITIONER: ------------------ V.P. RAVIKUMAR, S/O PONNAN, THEKKEPATHAYAM HOUSE, ATTAPPALLAM, PAMPAMPALLAM P.O. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ---------------------- 1. SENIOR INSPECTOR OF CO-OPERATIVE SOCITIES/ARBITRATOR -CUM SPL. SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING, FEDERATION, KOZHIKODE -I. 2. THE PALAKKAD CO-OPERATIVE BUILDING SOCIETY LTD., NO.F.1421,PALAKKAD -1. R1 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.24236 Of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. JUDGMENT 1.The learned Senior Government Pleader appears for the first respondent. Having regard to the nature of the orders being issued hereunder, notice to the second respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2.The petitioner availed a loan from the second respondent. He committed default in repayment. The petitioner states that he is an agricultural worker and he is an acute asthmatic patient also. Having heard the learned counsel for parties, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. However, having regard to the totality of the WP(C)24236/08 -: 2 :- facts and circumstances of the case, this writ petition is ordered directing that the impugned sale proceedings shall stand deferred, if the petitioner remits at the rate of Rs.10,000/- per month payable on or before the last working day of every month commencing from August, 2008. If there is default in remitting any of the instalments as afore-directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120808