IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 1047 of 2009(Y) ------------------------- PETITIONER(S): --------------- T.P.ANTONY, S/O.T.O.PAUL, AGED 42 YRS, THENKUZHY HOUSE, NJARAKKAL.P.O, ERNAKULAM DIST. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): --------------- 1. THE SPECIAL SALES OFFICER,ERNAKULAM DISTRICT CO-OPERASTIVE BANK,KAKKANAD, ERNAKULAM. 2. THE BRANCH MANAGER,ERNAKULAM DISTRICT CO-OPERATIVE BANK, NJARAKKAL BRANCH,NJARAKKAL.P.O, ERNAKULAM DISTRICT. 3. ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS GENERAL MANAGER,KAKKANAD, ERNAKULAM. R1 TO R3 BY ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.1047/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RECEIPT DATED 30.3.06 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE RECEIPT DATED 3.12.07 ISSUED BY THE 2ND RESPONDENT. EXT.P2(a): TRUE COPY OF THE RECEIPT DATED 31.3.08 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE NOTICE DATED 18.11.2008 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 27.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE 3RD RESPONDENT. EXT.P4(a): TRUE COPY OF THE PETITION DATED 15.12.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND REPSONDENT. EXT.P5: TRUE COPY OF THE PETITION DATED 1.1.2009 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE NOTIFICATION DATED 7.1.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE CIRCULAR NO.1/09 AS PER PROCEEDINGS NO.A.D.L.[5] 58388/08 DATED 8.1.2009 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXT.P8: TRUE COPY OF THE RECEIPT DATED 14.1.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P9:TRUE COPY OF THE RECEIPT DATED 24.1.2009 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1047 OF 2009 ------------------------------------------- Dated this the 17th day of August, 2010 JUDGMENT The petitioner faced distress action against certain items of properties in execution of an arbitration award under the Kerala Co-operative Societies Act. Though he attempts to say that certain amounts were paid off etc., there is really no scope for any adjudication in writ jurisdiction because the executing sale officer is the competent authority to decide on any such objection. In fact, the petitioner had even filed an interlocutory application before this Court that he may be permitted to enjoy the benefit of Ext.P7 circular. It is clarified by this Court by order dated 27.2.2009 on I.A.No.2951/09 that the pendency of this writ petition will not stand in the way of the petitioner closing the transaction and availing the benefit of any circular. In so far as the merits of the contentions are concerned, the arbitration award has become final. Execution, discharge WPC.1047/09 2 and satisfaction of an arbitration award is a matter that can be adjudicated upon and decided before the competent sale officer. There is no specific complaint that the petitioner had moved the concerned officer or sought for an adjournment, which was denied. Under such circumstances, I do not find any legal infirmity or jurisdictional error in the impugned proceedings. The writ petition fails. The same is accordingly dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/08.