IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 8640 of 2007(C) ------------------------- PETITIONER(S): --------------- 1. MOOPANDAKATH AMEER ALI, S/O. LATE C.AHAMED, KARAMEL HOUSE, P.O.ANNUR, VIA. PAYYANNUR, KANNUR DISTRICT. 2. MOOPANDAKATH MUHAMMED MANSOOR, S/O. LATE C.AHAMMED, KARAMEL HOUSE, P.O.ANNUR, VIA. PAYYANNUR, KANNUR DISTRICT. 3. MOOPANDAKATH MUHAMMED ALI, S/O. LATE C.AHAMMED, KARAMEL HOUSE, P.O.ANNUR, VIA. PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TALIPARAMBA, KANNUR DISTRICT. 2. THE SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TALIPARAMBA. 3. VELLUR SERVICE CO-OPERATIVE BANK, VELLUR POST, VELLUR, PAYYANNUR, REPRESENTED BY THE SECRETARY, VELLUR SERVICE CO-OPERATIVE BANK, VELLUR POST, VELLUR, PAYYANNUR, KANNUR DIST. 4. MOOPPANTAKATH ABDULLA, S/O. LATE C.AHAMED, KARAMEL HOUSE, P.O.ANNUR, VIA. PAYYANNUR, KANNUR DISTRICT. ADV. SRI.M.SASINDRAN FOR R3 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8640/2007. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEED DTD.25.3.2006. P2. COPY OF THE NOTICE DTD.9.2.2006. P3. COPY OF THE NOTICE DTD.9.2.2006. P4. COPY OF THE MEMORANDUM DTD.3.3.2007. RESPONDENT(S)' EXHIBITS: R1. COPY OF THE AWARD IN A.R.C.NO.1779/2003 OF THE ASST. REGISTRAR (GENERAL) TALIPARAMBA. R2. -DO- A.R.C.NO.1780/2003 -DO- R3. COPY OF THE LETTER DTD.1.6.2007. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 8640 of 2007 ================== Dated this the 22nd day of September, 2011 J U D G M E N T The petitioners are owners of certain properties. For the amounts due from the 4th respondent to the 3rd respondent society, properties owned by the petitioners have been proceeded against, which, according to the petitioners, have never been mortgaged by the 4th respondent or anybodyelse in favour of the 3rd respondent. Exts.P2 and P3 sale notices have been issued in respect thereof. The petitioners are challenging the same. 2. The 3rd respondent has filed a counter affidavit stating that amounts are due from the 4th respondent to the 3rd respondent society, for recovery of which, two A.R.Cs. were filed as ARC Nos.1779/2003 and 1780/2003, in which, the 1st respondent passed two awards for recovery of ` 1,85,516/- with interest at the rate of 21% per annum for the principal amount of ` 1,32,300/- and for ` 2,07,793/- with interest at the rate of 21% for the principal amount of ` 1,32,300/- respectively. The 3rd respondent filed C.E.P. Nos.246/2004 and 247/2004 before the 1st respondent for execution of the said awards. It is in those proceedings Exts.P2 and P3 notices were issued to the 4th respondent informing him that undivided share over the properties therein would be sold in auction, since he is one of the co-owners of the properties w.p.c.8640/07 2 owned by his deceased father Mohammed. Admittedly the 4th respondent is the brother of the petitioners. In view of the same, if the petitioners have any grievance regarding the sale of the properties, they have to raise the same before the 1st respondent and prove their contentions by producing documents. In fact, the petitioners have filed Ext.P4 petition in this regard before the 1st respondent. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P4 before Exts.R1 and R2 are executed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge