Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH DAY OF JANUARY 2013 24TH POUSHA 193 WP(C).No. 23176 of 2012 (V) --------------------------- PETITIONER(S): -------------------- 1. NAZEEMA BEEVI, W/O. ABDUL SALAM,PARAYANTE VADAKKATHIL, PALLISERIKKAL MURI,SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT.
2. ABDUL SALAM, PARAYANTE VADAKKATHIL, PALLISERIKKAL MURI,SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT. BY ADV. SRI. PRATHEESH.P RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION,KOLLAM -691 013.
2. TAHSILDAR, KUNNATHOOR TALUK, KOLLAM -690 540.
3. VILLAGE OFFICER, SASTHAMCOTTA, KOLLAM”
521.
4. KUNNATHOOR TALUK RURAL HOUSING CO-OPERATIVE SOCIETY, REPRESENTED BY ITS SECRETARY,PORUVAZHY ”
520. R1 TO R3 BY GOVERNMENT PLEADER ADV. SRI. ROY THOMAS R4 BY ADVS . SRI.GEORGE POONTHOTTAM SRI.P.SUBAIR KUNJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 23176 of 2012 (V) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-P1 : COPY OF THE LETTER 81 2006 DATED 12 06/2006 EXHIBIT-P2 : COPY OF THE AUCTION NOTICE DATED 18 08/2012 EXHIBIT-P3 : COPY OF THE REPRESENTATION DATED 13 09/2012 FILED BY THE PETITIONERS BEFORE THE ARBITRATOR CUM SPECIAL CUM OFFICER. EXHIBIT-P4 : COPY OF THE RECEIPT FOR THE PAYMENT OF THE AMOUNT BEFORE THE 4TH RESPONDENT DATED 31 03/2008 AND 29/07/2008. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / NS P.A. TO JUDGE K. SURENDRA MOHAN, J -------------------------------- W.P.C. No.23176 of 2012 -------------------------------- Dated this the 14th day of January 2013 JUDGMENT
The petitioners have filed this writ petition aggrieved by Ext.P2 notice of auction. The petitioners are members of the 4th respondent society. They are also defaulters in respect of a loan availed by them. Therefore legal proceedings were initiated against them and an award was passed against them. In execution of the said award, a notice of auction was issued and auction sale of their property was proposed to be conducted on 09.10.2012. It was in the above circumstances that the present writ petition was filed. As per an interim order dated 05.10.2012 the petitioners have already deposited an amount of Rs.50,000/- (Rupees Fifty thousand only) towards the defaulted amount. The matter comes up before me today for the extension of stay.
2. Adv. Sri. George Poonthottam who appears for the 4th respondent society points out that the award has already become final and therefore, the interim order of stay may not be extended without payment of further amounts. W.P.C. No.23176 o”
2. The counsel for the petitioner seeks permission to pay the balance amount due in monthly instalments, since the petitioners are facing severe financial problems.
3. The petitioners have already complied with the conditions stipulated by this Court and have paid the amount of Rs.50,000/-(Rupees Fifty thousand only) as directed. Therefore, I am satisfied that the balance amount can be permitted to be paid in monthly instalments. This writ petition is accordingly disposed of granting liberty to the petitioner to pay the entire balance amount payable, with subsequent interest, in fifteen monthly instalments, the first instalment to be paid on or before 15.02.2013. The subsequent monthly instalments shall be paid on or before 15th of each succeeding month thereafter. It is made clear that in the event of the petitioners committing default of any two consecutive instalments, the petitioners shall forfeit the benefit of this direction. Sd/- K. SURENDRA MOHAN JUDGE NS