IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27913 of 2008(W)
1. RASHEEDA BEEVI, W/O. ABUDEEN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ASSISTANT REGISTRAR, CO-OPERATIVE
3. SPECIAL SALE OFFICER, KERALA STATE
4. SECRETARY, KUNNATHUR HOUSING
5. A.K.SHAMSUDEEN, PATTUPURAKUTTIYIL
For Petitioner :SRI.E.A.BIJUMON
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/09/2008
O R D E R
Thottathil B. Radhakrishnan, J.
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W.P.(C)No.27913 of 2008
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Dated this the 19th day of September, 2008.
JUDGMENT
Learned Government Pleader appears for
respondents 1 and 2. Notice to respondents 3 to 5
dispensed with preserving their right to move for
review of this judgment, if aggrieved.
2. Petitioner has a liability to satisfy an
award, though she states that the fifth respondent
has the responsibility to discharge the debt. The
fact remains that arbitration proceedings have
concluded and execution proceedings have been taken
up and as of now, the remaining outstandings as on
22-8-2008 is Rs.47,194/-, going by Ext.P7.
3. Petitioner states that certain amounts
paid after the arbitration award has not been duly
credited in terms of law, in as much as, according
WPC27913/2008
-:2:-
to her, after the said remittance has been paid
directly to the bank, the sale officer cannot fix
the amount by fixing the property to sale. Having
regard to the facts and circumstances, repelling
all the contentions, this writ petition is ordered
as follows:
If the petitioner remits an amount of
Rs.15,000/- on or before 15-10-2008 and continues
to remit at the rate of Rs.10,000/- per month on
the 15th of every month commencing from November,
2008, the impugned distress action will be held
back and ultimately dropped if the outstandings are
paid. The third respondent will take note of the
actual outstandings by also giving due credit to
any remittance paid directly to the bank into the
loan account even after the award and shall ensure
that no amount in excess of what is actually due is
collected from the petitioner. The petitioner will
produce a copy of this judgment and a copy of this
WPC27913/2008
-:3:-
writ petition before the third respondent also for
due compliance.
Thottathil B.Radhakrishnan,
Judge.
sl.