IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4434 of 2011(D) ------------------------- PETITIONER(S): --------------- GOPINATHAN NAIR, S/O. DHAMODHARAN NAIR, AGED 45 YEARS, PUTHIYAVEETTIL HOUSE, KALLEPADAM.P.O., THRISSUR DIST. BY ADV. SMT.E.V.MOLY RESPONDENT(S): --------------- 1. SPECIAL SALE OFFICER, COCHIN CO-OPERATIVE RURAL AGRICULTURAL & DEVELOPMENT BANK (LAND MORTGAGE BANK) LTD NO. 329, TRICHUR-4. 2. COCHIN CO-OPERATIVE RURAL AGRUCULTURAL & DEVELOPMENT BANK (LAND MORTGAGE BANK) LTD. NO.329, TRICHUR-4 REP. BY ITS BRANCH MANAGER. BY ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 BY GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4434 of 2011 ------------------------------- Dated this the 21st day of February, 2011 J U D G M E N T Ext.P1 sale notice issued by the first respondent proposing to sell the land belonging to the petitioner under the provisions of the Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984 is under challenge in this writ petition. As per Ext.P1 sale notice, the sale was scheduled to be held on 22.12.2010. 2. Sri.V.G.Arun, the learned standing counsel appearing for the second respondent bank submitted on instructions that the sale was not held for want of bidders and therefore, a fresh sale notice will have to be issued before the sale is held. The learned standing counsel also submitted that presently a One Time Settlement Scheme in terms of Circular No.63 of 2010 dated 23.12.2010 is in force and that as per the said scheme, the last date for claiming benefits thereunder is 28/2/2011. In such circumstances, as the date fixed for sale is over and the sale did not take place, I am of the opinion that the petitioner should move the second respondent bank seeking the benefit of Circular No.63 of 2010. 3. I accordingly dispose of the writ petition with a direction that in the event of the petitioner moving the first respondent bank within W.P.(C) No.4434 of 2011 2 two days from today seeking the benefit of Circular No.63 of 2010, the second respondent bank shall consider the case of the petitioner and take an appropriate decision thereon before 28.2.2011. Issue certified copy of the judgment to both sides today itself, if applied for. P.N. RAVINDRAN, JUDGE. nj.