IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 7824 of 2010(C) ------------------------- PETITIONER: --------------- KRISHNANKUTTY, AGED 60 YEARS, S/O.AYYAPPAN, KADAVILPURAKKAL, KURUMBILAVU, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY SECRETARY DEPARTMENT OF CO-OPERATION. TRIVANDRUM. 2. THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, THRISSUR, REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 4. V.R.KRISHNANKUTTY, S/O.RAMAN, VADAKKEVEETIL HOUSE, POONKUNNAM, THRISSUR. R1 BY SR. GOVT. PLEADER SHRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 7824 OF 2010 ----------------------------------------------------------- Dated this the 17th March, 2010. JUDGMENT The petitioner had taken a housing loan of Rs.60,000/- in the year 2000 but the amount could not be repaid due to various problems. The bank initiated proceedings against the petitioner for the recovery of the defaulted amount. An item of property of his comprising of a residential house and 11 cents of land was brought to sale and has been sold for an amount of Rs.1,30,000/- to the fourth respondent. According to the petitioner, the property is worth at least Rs.15,00,000/- and has been sold for a paltry amount, without any justification. The petitioner, therefore, filed a petition for setting aside the same, which is Ext.P1. However, the same was also dismissed. Therefore, the petitioner has filed an appeal under Section 83(1)(j) of the Co-operative Societies Act before the first respondent. The said appeal is pending. The petitioner seeks appropriate directions for an expeditious disposal of Ext.P1 appeal. He also seeks for a direction not to deliver the property to the fourth respondent till the appeal is finally disposed of. WPC 7824/2010 2 2. The learned Government Pleader on instructions submits that Ext.P3 appeal is pending before the first respondent and that the same would be considered and disposed of without delay. 3. Mr. P.C.Sasidharan appears for the second respondent bank. According to the second respondent the sale in favour of the fourth respondent has been confirmed and what remains is only to deliver the property to him. Therefore, any order to be passed on Ext.P3 should be with notice to and hearing the fourth respondent also. In view of the fact that Ext.P3 is pending before the first respondent it is only proper that delivery of the property sold is made only after the disposal of Ext.P3. 4. In the above circumstances this writ petition is disposed of directing the first respondent to consider the appeal of the petitioner evidenced herein by Ext.P3 in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing all interested parties including the auction purchaser. K. SURENDRA MOHAN Judge jj WPC 7824/2010 3 WPC 7824/2010 4 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: