IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22491 of 2009(F) -------------------------- PETITIONER(S): --------------- SUNIL, AGED 42, S/O.DEVADANAM, SUNIL BHAVAN, POOVANVILA, THIRUPURAM P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. SPECIAL SALE OFFICER, PRIMARY CO-OPERTIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T.417, NEYYATTINKARA. 2. DAIVADANAM, SUNIL BHAVAN, POOVANVILA, THIRUPURAM P.O. 3. GOMATHY, SUNIL BHAVAN, POOVANVILA, THIRUPURAM P.O. 4. RAJEEV, OF DO. 5. PRADEEP, CLERK, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNY. 6. KRISHNANKUTTY, PEON, OF DO. 7. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.417, NEYYATTINKARA, REPRESENTED BY ITS MANAGING DIRECTOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.22491 OF 2009 ------------------------ Dated this the 7th day of August, 2009. JUDGMENT Admittedly, the petitioner is a defaulter to the Primary Co-operative Agricultural and Rural Development Bank, Neyyattinkara. Recovery proceedings were initiated and finally on 12.6.2009, Ext.P1 sale proclamation was published fixing the sale of the property on 10.8.2009. That was followed by Ext.P2 sale notice published on 20th June, 2009. 2. As already stated, the sale is to take place on 10th August and today the writ petition is filed. The objection now raised by the counsel for the petitioner is that, in terms of the provisions contained in the Agricultural and Rural Development Bank Act, 1984 only the required extent of the property is to be sold and that the property offered for sale being a precious piece of land and the disposal of WP(c).No.22491/09 2 the entire property is not necessary. 3. However, what I noticed is that if this objection was available to the petitioner, he could have raised it before the Sale Officer, when Ext.P1 notice was issued on 12.6.2009. On the other hand, it is sought to be raised on the previous day of the sale and therefore there is absolutely no bona fides. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.22491/09 3