IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24733 of 2009(J) -------------------------- PETITIONER(S): --------------- V.C.SURESH, S/O.BHASKARAN NAIR, ALATHUNGAL HOUSE, SOUTH KIDANGOOR, KOTTAYAM DISTRICT, NOW RESIDING AT VALIYAVEETTIL HOUSE, P.K.A.NAGAR, UNIVERSITY ROAD, CUSAT P.O., SOUTH KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY MR.R.KIRAN RESPONDENT(S): --------------- 1. THE KIDANGOOR RURAL HOUSING CO-OPERATIVE SOCIETY LTD.NO.K 137, KIDANGOOR, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY, ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, KOCHI-17. 3. SUMESH M.J., MEPPILLIL HOUSE, KIDANGOOR SOUTH P.O., KOTTAYAM DISTRICT PIN - 686 583. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24733 of 2009 --------------------------------- Dated, this the 27th day of August, 2009 J U D G M E N T The petitioner submits that he had mortgaged 12 cents of property covered by Ext.P1 document to the 1st respondent Bank for availing of a loan. It is stated that default was committed, and he is now informed that the Bank has auctioned 12 cents of property covered by Ext.P2 document for realisation of his liability. Accordingly, on the basis that what is auctioned is not the property mortgaged and praying to set aside the aforesaid action of the Bank, that this writ petition is filed. 2. In my view, if the petitioner has a case that the sale is vitiated by any such irregularity as the one claimed by him, the statute itself provides for remedy to the aggrieved, by making an application under Rule 83 of the Kerala Co-operative Rules, and it is up to the petitioner to avail of such remedies. Therefore, leaving it open to the petitioner to pursue his remedies under the aforesaid Rules, this writ petition is closed. (ANTONY DOMINIC, JUDGE) jg