IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WA.No. 314 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.2404/2009 Dated 22/01/2009 .................... APPELLANT(S): -------------- 1. BALAN, S/O. THOTTIPALIL RAMANKUTTY, OORAKAM, THRISUR DIST. 2. MRS. DALY, W/O. VALLACHIRAKKARAN VAREED POOCHUNNIPADAM, THRISSUR DIST. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. CHERUPU SERVICE CO-OPERATIVE BANK LTD., NO. 3540, CHERPU P.O., THRISSUR DIST, REP. BY ITS SECRETARY. 2. THE DIRECTOR BOARD OF CHERPU SERVICE CO-OPERATIVE BANK LTD., CHERPU, THRISSUR DISTRICT, REPRESENTED BY ITS PRESIDENT. 3. RAFI, S/O. KATTOOKKARAN PORINJU, KATTOOKARAN HOUSE, VALLACHIRA P.O., THIRUVULLAKKAVU EAST NADA, THRISSUR DIST. 4. THE SUB REGISTRAR, CHERPU, THRISSUR DIST. 5. MANI ACHARY, S/O. PILAPPALLY, RAJAPPAN, CHERPU P.O.,OORAKAM P.O., THRISSUR DIST. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.314 of 2009 ---------------------------------------------- Dated 10th February, 2009. J U D G M E N T Kurian Joseph, J. Appellants/petitioners are aggrieved since the first respondent cooperative society has not executed a release deed in favour of the property purchased by them from one Rafi (third respondent). The original owner is one Mani Achary, the 5th respondent. He had executed an agreement with the first respondent bank, depositing the title deeds of the disputed property also, towards security for a loan availed by one Rajan P.K. and the 5th respondent. According to the petitioners, the property purchased by them is free from all encumbrances, and the loan in respect of which this property was offered as security had already been closed and only after closure of the loan, the property was purchased by the petitioners. It is also submitted that as far as the third respondent is concerned, the WA NO.314/09 2 Bank had already executed release deed and objection is raised only in the case of the petitioners. 2. The Bank took the stand that the release deed cannot be executed since the 5th respondent stood as a surety in respect of various other transactions and those transactions have not been fully cleared, and hence the petitioners were relegated to approach the Bank itself. Apparently there are several disputed facts involved in the case. The petitioners have an effective remedy by invoking the supervisory jurisdiction of the Registrar of Cooperative Societies, who will be in a position to verify the same and take appropriate action in accordance with law in the matter. In that view of the matter, we set aside the judgment of the learned Single Judge and dispose of the appeal and writ petition with the following directions :- The petitioners may approach the Joint Registrar of Cooperative Societies, Thrissur within a period of two weeks from today along with a copy of this judgment and the Writ Appeal. The said authority shall consider the matter with notice to the petitioners and respondents 1, 3 and 5 and take appropriate WA NO.314/09 3 action thereon in accordance with law, having regard to the submissions made by the petitioners, within another one month. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.314 of 2009 ---------------------------------------------- J U D G M E N T Dated 10th February, 2009.