IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 35825 of 2010(C) ------------------------ PETITIONER : --------------------- B.SANTHOSHKUMAR, FLEXO PHOTOSTAT, SHOP NO.3, REHABILITATION BLOCK, JUBILEE HOSPITAL ROAD, PALAYAM, THIRUVANANTHAPURAM. BY ADVS. SRI.S.EASWARAN SRI. P. MURALEEDHARAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. TRIVANDRUM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.T.170, HOUSING BOARD JUNCTION, TRIVANDRUM-695001, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN R2 BY ADVS. SRI. P.U. SHAILAJAN, SC SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 35825 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF COMMUNICATION NO. 1163 DATED 12.11.2009 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : COPY PETITION DATED 29.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES. EXT.P3 : COPY OF JUDGMENT DATED 2.6.2010 W.P.(C) NO. 2455 OF 2010. EXT.P4 : COPY OF G.O.(RT) NO. 605/2010/CO-OP. DATED 17.09.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P5 : COPY OF COMMUNICATION NO. 7591/B1/2011/CO-OP. DATED 02.07.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P6 : COPY OF RECEIPT EVIDENCING PAYMENT OF RS. 3 LAKHS BY THE PETITIONER WITH 2ND RESPONDENT. RESPONDENT'S EXHIBITS : EXT.R2(1) : COPY OF THE APPLICATION BY THE PETITIONER DATED 29/02/08. EXT.R2(2) : COPY OF THE ACCOUNT STATEMENT AS ON 27/07/11. //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.35825 of 2010 ----------------------------------------- Dated this the 31st day of October, 2011 JUDGMENT The petitioner availed a loan of Rs.1,05,000/- from the second respondent bank on the security of a parcel of land 2.82 Ares in extent, situated in Sy.No.1299/4-1-1 of Kadakampally Village, Thiruvananthapuram Taluk, Thiruvananthapuram District. When the loan was not repaid, the second respondent bank took steps under section 19 of the Kerala State Co-operative (Agricultural and Rural Development) Banks Act, 1984 to bring the security to sale. The sale was accordingly held on 18.2.2005. Since there were no bidders the bank purchased the property in auction for the sum of Rs.2,26,104/-, the amount due as on the date of sale. The sale was confirmed by the Joint Registrar of Co- operative Societies (General), Trivandrum as per order dated 3.1.2006. A sale certificate was also issued on 27.11.2006 and it was registered on 2.12.2006 with the Sub Registrar's Office, Trivandrum. Long thereafter the petitioner submitted an application dated 29.2.2008 for reconveyance of the property. W.P(C).No.35825 of 2010 -:2:- The general body of the bank that met on 17.3.2008 passed a resolution to the effect that the properties purchased by the bank in sales held under the Act will be reconveyed only after the entire amount due is repaid. The Managing Committee of the bank also took a decision on the same terms on 26.3.2008. The petitioner thereafter filed a representation dated 29.11.2009 before the State Government and moved this Court by filing W.P (C) No.2455 of 2008. By Ext.P3 judgment delivered on 2.6.2010 a learned single Judge of this Court directed the State Government to consider the representation filed by the petitioner and pass appropriate orders thereon expeditiously. Pursuant thereto the Government heard the petitioner and the second respondent bank and passed Ext.P4 order according sanction to reconvey the property to the petitioner in the event of the petitioner remitting the entire amount due with interest and other charges within three months from the date of receipt of a copy of the order. Ext.P4, in so far as it directs payment of interest and other charges, is under challenge in the instant writ petition, wherein the petitioner also seeks a direction to the second respondent to reconvey the property to him by accepting the sum of Rs.2,26,104/- the amount for which the sale was knocked down W.P(C).No.35825 of 2010 -:3:- in favour of the second respondent bank. 2. I heard Sri.S.Easwaran, learned counsel appearing for the petitioner, Smt.Anitha Ravindran, learned Government Pleader appearing for the first respondent and Sri.Suman Chakravarthy, learned standing counsel appearing for the second respondent bank. Though a large number of contentions have been set out in the writ petition and were also urged by the learned counsel appearing for the petitioner, after arguments were heard at length, the learned counsel appearing for the petitioner very fairly submitted that the petitioner, who has already paid the sum of Rs.3,00,000/- pursuant to the interim order passed by this Court on 20.7.2011, will pay the sum of Rs.21,773/- stated to be the balance amount due as on 27.7.2011 and also the expenses for execution and registration of the deed of conveyance in his favour. Sri.Suman Chakravarthy, learned standing counsel appearing for the second respondent bank, did not oppose the said submission. In such circumstances I dispose of the writ petition with a direction that in the event of the petitioner depositing the sum of Rs.21,773/- within two weeks from today the bank shall reconvey the property which was the subject matter of Ext.P4 Government W.P(C).No.35825 of 2010 -:4:- order to the petitioner by executing an appropriate deed of conveyance within a period of two weeks thereafter. Needless to say, the petitioner shall meet the expenses in that regard including the stamp duty and the registration charges. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.35825 of 2010 ---------------------------- JUDGMENT 31st October, 2011