IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 13248 of 2008(B) ----------------------------------------- PETITIONER: --------------------- C.MOHAMMED KUTTY, S/O.MOIDUTTY, CHERUPARAYIL HOUSE, VAZHEMPURAM, KARAKURUSSI, MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY HIS WIFE AND POWER OF ATTORNEY HOLDER SAHIDA - RESIDING AT -DO- BY ADV. SRI.K.MOHANAKANNAN SMT. M.A.ZUHARA RESPONDENTS: ------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD. 2. MANNARKKAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE SALE OFFICER, MANNARKKAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, MANNARKKAD, PALAKKAD DISTRICT. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R1 & R4 BY ADV. SRI. M.K. DAMODARAN (Sr.) - R2 SRI.P.K.VIJAYAMOHANAN – R2 SRI.GILBERT GEORGE – R2 SRI.ALAN PAPALI - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13248/2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 14/06/2002 IN O.P.NO.9245/2001 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE LETTER DTD. 13/09/2002 ISSUED BY THE BANK TO THE PETITIONER. EXT.P3: COPY OF THE NOTICE DTD. 13/11/2003 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF CO-OPERATIVES, THIRUVANANTHAPURAM DTD. 16/08/2005. EXT.P5: COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM 3RD RESPONDENT DTD. 29/12/2005. EXT.P6: COPY OF THE REPLY GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 3/01/2006. EXT.P7(A): COPY OF THE RECEIPT NO.6013 DTD. 25/09/2002 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(B): COPY OF THE RECEIPT NO.6914 DTD. 25/09/2002 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(C): COPY OF THE RECEIPT NO.5238 DTD. 16/10/2002 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(D): COPY OF THE RECEIPT NO.5367 DTD. 13/11/2002 OBTAINED FROM THE 2ND RESPONDENT BY THE PETITIONER. EXT.P7(E): COPY OF THE RECEIPT NO.9734 DTD. 28/08/2003 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(F): COPY OF THE RECEIPT NO.7986 DTD. 24/03/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(G): COPY OF THE RECEIPT DTD. 24/04/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(H): COPY OF THE RECEIPT DTD. 31/05/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(I): COPY OF THE RECEIPT DTD. 26/06/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(J): COPY OF THE RECEIPT DTD. 31/08/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. Kss ..2/- ...2..... WPC.NO.13248/2008 B EXT.P7(K): COPY OF THE RECEIPT DTD. 16/10/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(L): COPY OF THE RECEIPT DTD. 27/12/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(M): COPY OF THE RECEIPT DTD. 28/12/2004 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P7(N): COPY OF THE RECEIPT DTD. 29/03/2005 OBTAINED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P8: COPY OF THE ONE TIME SETTLEMENT SCHEME ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM VIDE CIRCULAR NO.9/2006. EXT.P9: COPY OF THE JUDGMENT IN O.P.NO.10312/2006 DTD.15/06/2006 OF THIS HON'BLE COURT. EXT.P10: COPY OF THE STATEMENT OF ACCOUNTS DTD. 5/07/2006 ISSUED BY THE 2ND RESPONDENT SOCIETY. EXT.P11: COPY OF THE COMMUNICATION DTD. 3/07/2006 RECEIVED FROM THE 3RD RESPONDENT BY THE PETITIONER. EXT.P12: COPY OF THE INTERIM ORDER DTD. 13/09/2006 IN WP(C) NO.24309 OF 2006 OF THIS HON'BLE COURT. EXT.P13: COPY OF THE JUDGMENT DTD. 12/10/2006 IN WP(C)NO. 24309 OF 2006 OF THIS HON'BLE COURT. EXT.P14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 7/11/2006. EXT.P15: COPY OF THE REPRESENTATION DTD. 24/01/2007 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P16: COPY OF THE COMMUNICATION DTD. 24/10/2007 SENT BY THE 1ST RESPONDENT. EXT.P17: COPY OF THE REPRESENTATION DTD. 19/12/2007 SUBMITTED TO THE 4TH RESPONDENT BY THE PETITIONER. EXT.P18: COPY OF THE SALE NOTICE ISSUED BY 3RD RESPONDENT VIDE NO.EP-43/00/01 DTD. 12/03/2008. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 19/04/2008. /TRUE COPY/ Kss P.A.TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.13248 OF 2008 (B) ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 J U D G M E N T Without expressing anything on merits and having regard to the facts in Ext.R2(a) and Ext.P17, after having heard the learned counsel for the petitioner and learned counsel for the bank, it is directed that Ext.P17 shall be taken up by the first respondent, considered and decided upon within an outer limit of four months from the date of receipt of a copy of this judgment along with a copy of this writ petition. The interim order passed in this case will govern parties till Ext.P17 is decided upon, as directed above. This writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/3-7-08 // True copy // P.A. to Judge.