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ANITHA, W/O. PUSHKARAN versus THE NADATHARA FARMERS

High Court of Kerala

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ANITHA, W/O. PUSHKARAN v. THE NADATHARA FARMERS - WP(C) No. 30400 of 2006(R) [2007] RD-KL 2453 (2 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30400 of 2006(R)

1. ANITHA, W/O. PUSHKARAN,
... Petitioner

Vs

1. THE NADATHARA FARMERS,
... Respondent

2. THE ASST. REGISTRAR (GENERAL),

3. SPECIAL SALE OFFICER,

4. SMT. GIRIJA, W/O. SASIDHARAN,

5. THE REGISTRAR OF CO-OPERATION,

For Petitioner :SRI.P.V.LONACHAN

For Respondent :SRI.C.E.UNNIKRISHNAN

The Hon'ble MR. Justice J.M.JAMES

Dated :02/02/2007

O R D E R

J.M.JAMES, J.


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W.P.(C) No. 30400 of 2006 (R)
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Dated this the 2nd day of February, 2007



J U D G M E N T

The writ petitioner is one of the guarantors to the fourth respondent, the principal loanee. The fourth respondent was before this Court with W.P(C) No.2178/2006. As per the judgment dated 24/01/2006, this Court directed the fourth respondent to remit the amount in ten equal monthly instalments, the first instalment being paid on or before 10/02/06. It is now submitted by the counsel for the first respondent, the Co-operative Society, that the fourth respondent did not comply with the directions contained in the judgment dated 24/01/2006. Because of the failure of the fourth respondent, the first respondent proceeded against the guarantors, including the writ petitioner. It is at this stage that the writ petitioner is before this Court.

2. I heard the arguments advanced by the counsel for the writ petitioner, for the fourth respondent, for the first respondent and the Senior Government Pleader. W.P.(C) No.30400/2006 (R) 2

3. It is conceded that in supercession of Circular No.27/2006, Circular No.59/2006, dated 30/11/2006, is in force. Therefore, the one time settlement facilities are available to the defaulters.

4. In the above circumstances, I direct the writ petitioner to approach the first respondent with a representation for an one time settlement scheme, within ten days from today. On receipt of the above representation, the first respondent shall hear the writ petitioner and fix the amount due to it, according to the stipulations and conditions contained in Circular No.59/2006, and extend the benefits to the petitioner. The final order shall be passed by the first respondent, as above, within three weeks from the date of receipt of the representation for the one time settlement, from the writ petitioner.

5. There shall be no coercive action against the writ petitioner, till a final order is passed and, when the writ petitioner complies with the conditions imposed on her, as per Circular No.59/2006.

6. I make it clear that the first respondent will be at liberty to proceed against the principal loanee as well as the W.P.(C) No.30400/2006 (R) 3 guarantors, as per the provisions of the Kerala Co-operative Societies Act and Rules thereunder, in case of any failure on the part of the writ petitioner to comply with the final orders passed on her representation. (J.M.JAMES) Judge ms


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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