IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 18073 of 2005(B) -------------------------- PETITIONER(S): --------------- THE ALLEPPEY URBAN CO-OP.BANK LTD., NO.A.67, REP. BY ITS CHIEF EXECUTIVE OFFICER, PICHU AYYAR JUNCTION, KULLAN ROAD, ALAPPUZHA. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR RESPONDENT(S): --------------- 1. THE SALE OFFICER (ASSISTANT REGISTRAR), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL). NEDUMANGAD, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. A.MOHAMMED SHAFI, ANZAR MANZIL, MARUTHUM MOODU, MITHRUMALA,KALALARA, NEDUMANGAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.9.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 18073/05. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DTD.30.8.99 IN CMP NO.29088/99 IN O.P.NO.17776/99 OF THIS COURT. P2. COPY OF THE COMMUNICATION DTD.30.12.99 BY THE JOINT REGISTRAR (GENERAL), TRIVANDRUM. P3. COPY OF THE COMPLAINT DTD.18.10.99. P4. COPY OF THE COMMUNICATION DTD.17.11.1999 TO THE A.R. OF CO- OPERATIVE SOCIETIES, NEDUMANGAD. P5. COPY OF THE LETTER DTD.12.7.2000 BY THE SPECIAL OFFICER, A.R. OFFICE, NEDUMANGAD. P6. COPY OF THE LETTER DTD.15.12.2000 TO THE SPECIAL OFFICER. P7. COPY OF THE REPRESENTATION DTD.18.7.2001 TO THE ASSISTANT REGISTRAR, TRIVANDRUM. P8. COPY OF THE REPRESENTATION DTD.13.5.2002 BY THE BANK TO R1. P9. COPY OF THE COMMUNICATION DTD.20.5.2002 BY THE ASST. REGISTRAR. P10. COPY OF THE LETTER DTD.252.2003 TO THE A.R. NEDUMANGAD. P11. COPY OF THE ENCUMBRANCE CERTIFICATE DTD.15.7.03. P12. COPY OF THE NOTICE DTD.5.2.2004 BY THE SPECIAL SALES OFFICER. P13. COPY OF THE LETTER DTD.27.4.04 TO A.R. NEDUMANGAD. P14. COPY OF THE JUDGMENT IN O.P.NO.17776/99 OF THIS COURT. P15. COPY OF THE LETTER DTD.1.2.2004 THE A.R., NEDUMANGAD. P16. COPY OF THE LETTER DTD.2.4.05 TO A.R., NEDUMANGAD. RESPONDENT(S)'EXHIBITS ANNEXURE A. COPY OF THE AUCTION NOTICE DTD.23.6.05. “B. COPY OF THE ADVERTISEMENT FOR AUCTION DTD.23.6.05. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.18073 of 2005 ================== Dated this the 17th day of September, 2009 J U D G M E N T The petitioner is a co-operative society. They obtained an award from the Arbitrator under Section 69 of the Kerala Co-operative Societies Act in ARC No.51/295 against the 3rd respondent for recovery of certain amounts . EP 43/196 was filed before the 1st respondent in the year 1996. The amount had to be recovered by sale of the property mortgaged by the 3rd respondent to the bank. Although the Arbitrator had attached the properties, no steps were taken to realise the amounts by sale of the mortgaged properties, is the contention raised by the petitioner. The petitioner, therefore, seeks the following reliefs: “i. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 & 2 to conduct the sale of the attached properties in E.P.No.43/96 (sic) A.R.C. No.51/95 on the file of the Assistant Registrar (General) Nedumangad, Thiruvananthapuram forthwith; ii. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 & 2 to take immediate steps for conducting the sale of the attached properties in E.P.No.43/96 in A.R.C.No.51/95 on the file of the Assistant Registrar (General) Nedumangad, Thiruvananthapuram.” 2. The learned Government Pleader, on instructions, submits that the sale was conducted on 18.8.2005, on which date, there was nobody to participate in the auction. Subsequently, the bank themselves purchased the same and that sale was confirmed. That W.P.C.18073/05 2 being so, no further orders are necessary in this writ petition. Therefore, recording the submission of the Government Pleader, this writ petition is disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge