IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 19119 of 2009(H) -------------------------- PETITIONER(S): --------------- THOTHAN BABU, S/O.KOTTAN, EDACHERY HOUSE, PATHIRIYAD P.O., PALA, KANNUR DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): --------------- THALASSERY PRIMARY, CO-OP.AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.F.1030, KUTHUPARAMBU, KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19119 OF 2009 ------------------------ Dated this the 8th day of July, 2009. JUDGMENT Petitioner is a defaulter to the respondent Bank. It is stated that by Ext.P2 dated 25.5.2009, sale proclamation was issued scheduling sale of the mortgaged property to 9.7.2009. It would appear that, long after its receipt, Ext.P1 notice was issued on behalf of the petitioner, calling upon the Bank to furnish the document mentioned therein. According to the petitioner there has not been any reply to Ext.P1 also. On 7.7.2009, this writ petition is filed and it is brought up today. 2. The sale is to be taken tomorrow and the counsel submits that there is a violation of Rule 11 of the Kerala State Co-operative Agricultural and Rural Development Bank Act, 1984. In my view, first of all this is not an objection which was raised by the petitioner. Ext.P1 which WP(c).No.19119/09 /2/ obviously was issued long after Ext.P2 notice was issued. That apart there is absolutely no justification for the belated endeavor now made. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19119/09 /2/