IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21170 of 2009(M) -------------------------- PETITIONER(S): ------------------ VIJAYAKUMARI, W/O.RAGHAVAN, PARAKKAL HOUSE, VELLOOR KARA AND POST, PAMPADY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): ------------------- 1. THE VAZHOOR FARMER'S SERVICE CO-OP. BANK LTD., NO.2278, VAZHOOR, KOTTAYAM, REP. BY ITS MANAGING DIRECTOR. 2. THE ASST. REGISTRAR OF CO-OP. SOCIETIES (GENERAL), CHANGANASSERRY. 3. THE SPECIAL SALE OFFICER, KANGAZHA SERVICE CO-OP. BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES, CHANGANASSERRY. 4. THE KERALA CO-OP. TRIBUNAL, THIRUVANANTHAPURAM. 5. SHAMJI KUMAR, S/O.LATE BHASKARAN, KOLLAMPARAMBIL HOUSE, VAZHOOR KARA AND POST, CHANGANASSERRY TALUK, KOTTAYAM DISTRICT. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 21170 OF 2009 (M) ===================== Dated this the 28th day of July, 2009 J U D G M E N T Petitioner submits that 25 ares of land situated in Sy.Nos.124/12 and 124/19 of Vazhoor Village belonged to her deceased father. 2. After the expiry of her father, on 13/3/99, the legal representatives of the deceased availed of loan of Rs.3.5 lakhs from the 1st respondent mortgaging the aforesaid property. According to the petitioner loan was availed of for the benefit of the 5th respondent. Be that as it may, fact remains that default was committed. ARC 2203/2005 was filed and on 26/12/2005, an ex parte award was passed by the Arbitrator entitling the Bank to realise an amount of Rs.6,98,220/- with 19% interest. Even thereafter, the dues under the award was not satisfied and execution proceedings were initiated, finally culminating in Ext.P1 auction notice issued by the 3rd respondent on 15/10/2008. 3. At that stage, the 5th respondent filed RP No.115/08 (Ext.P2) before the Co-operative Tribunal and obtained an order dated 4/12/2008 staying all further proceedings pursuant to WPC 21170/09 :2 : Ext.P1, on condition that he deposits an amount of Rs.2 lakhs. This order was not complied with, and therefore, auction was held on 18/12/2008 and it is stated that the Bank itself purchased the property. 4. Petitioner states that the revision is posted to 14/10/2009 and respondents 1 and 3 are now taking steps for taking over possession of land. Although petitioner by Ext.P3 represented to the Bank to avoid coercive action as they are residing in the land and as Revision is pending before the Tribunal, response was not forthcoming. It is therefore the writ petition is filed. 5. In my view, the Bank cannot be faulted. Admittedly default was committed not only in paying the amount that was due to the Bank, but also in satisfying the award and in complying with the interim order passed by the Tribunal on 4/12/2008. If that be so, the Bank was justified in conducting the auction and further action if any taken also cannot be faulted. 6. Further, since the steps initiated against the petitioner WPC 21170/09 :3 : are consequential on the default committed by the 5th respondent in complying with the interim order passed by the Tribunal, if at all the petitioner wants any indulgence, the remedy available to the petitioner is also not before this Court, but before the Tribunal by making appropriate application. In this writ petition, I am not persuaded to grant any relief. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp