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High Court of KeralaWP(C)/12130/2014disposed of

Hamsa T v. Kumaramputhur Co-Operative Housing Society Ltd

2015-01-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 12130 of 2014 (M) ---------------------------- PETITIONER:

------------------- HAMSA. T., AGED 42 YEARS, S/O.MUHAMMED, 'THONIKADAVAN VEEDU', UPPUKULAM P.O., EDATHANATTUKARA, MANNARKKAD TALUK, PALAKKAD DISTRICT- 678583.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS:

------------------------

1. KUMARAMPUTHUR CO-OPERATIVE HOUSING SOCIETY LTD.NO.P813, MANNARKKAD COLLEGE POST, MANNARKKAD TALUK, PALAKKAD DISTRICT- 678582, REPRESENTED BY ITS SECRETARY.

2. THE SALE OFFICER (SSO), KUMARAMPUTHUR CO-OPERATIVE HOUSING SOCIETY LTD.NO.P 813, MANNARKKAD COLLEGE POST, MANNARKKAD TALUK, PALAKKAD DISTRICT- 678 582.

3. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD - 678 001.

4. THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) , MANNARKKAD-678 582, PALAKKAD DISTRICT.

R1, R2 BY ADV. SRI.V.M.KURIAN R3, R4 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12130/2014 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RECEIPT DATED 07.06.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P2 :

TRUE COPY OF THE RATION CARD ISSUED TO THE PETITIONER. EXHIBIT P3 :

TRUE COPY OF THE SALE NOTICE DATED 14.03.2014 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 12130 OF 2014 ------------------------------------ Dated this the 5th day of January, 2015

JUDGMENT

All that the petitioner prays is for easy instalments to pay the amounts due to the first respondent Society and to defer Ext.P3 proceedings for sale in the meanwhile. The first respondent Society is also not averse to the grant of instalment facility to the petitioner.

2.

I permit the petitioner to pay the amount due to the first respondent Society in six equal monthly instalments starting from 30.01.2015. The coercive steps for sale of the property pursuant to Ext.P3 notice shall be put on hold if the petitioner repays the amount due in instalments as directed. 3.

The coercive steps evidenced by Ext.P3 notice can be continued by the first respondent Society if any one default is committed by the petitioner in the repayment as directed above.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd