IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 24876 of 2005(J) -------------------------- PETITIONER: ------------ ERNAKULAM DISTRICT CO-OPERATIVE BANK KOOTHATTUKULAM BRANCH, KOOTHATTUKULAM, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT. 3. TAHSILDAR, MUVATTUPUZHA TALUK, MUVATTUPUZHA. 4. P.G.GOPINATHAN, PANAVASSERRIL HOUSE, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 5. THE SALE OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, ERNAKULAM. BY GOVERNMENT PLEADER FOR R1 to 3 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.24876/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF MEMORANDUM OF MORTGAGE BY DEPOSIT OF TITLE DEED DATED 23/11/94. EXT.P2 TRUE COPY OF THE CONFIRMATION LETTER DTD. 19/3/1998. EXT.P3 TRUE COPY OF THE AWARDS DTD. 29/8/2000 IN ARC.NO.123/2000. EXT.P4 TRUE COPY OF THE E.P.DTD. 18/5/2001 IN ARC.123/2000 FOR AN AMOUNT OF RS.15,43,323. EXT.P5 TRUE COPY OF THE CERTIFICATE DTD. 28/1/2005. EXT.P6 TRUE COPY OF THE COMMUNICATION DTD. 6/5/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P7 TRUE COPY OF THE REPLY DTD. 18/6/2005 ISSUED BY THE PETITIONER. EXT.P8 TRUE COPY OF THE COMMUNICATION DTD. 8/7/2005 ISSUED BY THE 3RD RESPONDENT. P.R.RAMAN, J. --------------------------- W.P.(C).No.24876 OF 2005 ---------------------------- Dated this the 27th day of May,2008 JUDGMENT Petitioner is a Co-operative Bank. It assails the proposed sale by the Government of the property belonging to the 4th respondent for realisation of Toddy Workers Welfare Fund dues inter alia contending that the petitioner has got priority of charge over the subject matter of the property sold, as the 4th respondent has availed a loan from the petitioner-Bank. This Court passed an order on 22/8/2005 directing that the petitioner-Bank can give wide publicity for sale or even participate in the sale so that the maximum price would be fetched over the property in question and the claim for priority to be decided later. 2. When the matter was taken up for consideration today, the learned counsel appearing for the petitioner submitted that the grievance raised in this writ petition has been redressed amicably between the parties and hence there is no lis pending as on today. Writ Petition is dismissed as infructuous. P.R.RAMAN, Judge. kcv. -2- W.P.(C).No.