IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 32221 of 2009(W) -------------------------- PETITIONER(S): --------------- THONDUNGAL SHAILESH, AGED 42, S/O.KANNAN, THONDUNGAL VALAPPIL, CHOVA P.O., EST KANNUR. BY ADV. SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): --------------- 1. KANNUR TOWN SERVICE CO-OP. BANK LTD. NO.C.844, REPRESENTED BY ITS SECRETARY, KANNUR. 2. ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), KANNUR. 3. SPECIAL SALES OFFICER KANNUR TOWN SERVICE CO-OP. BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), KANNUR. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 32221/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE AWARD. P2. COPY OF THE REPRESENTATION. P3. COPY OF THE DEMAND NOTICE. P4. COPY OF THE NOTICE DTD.8.10.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 32221 of 2009 ================== Dated this the 16th day of December, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from him to the 1st respondent Bank. The Bank initiated proceedings for recovery of the same, which resulted in a sale notice for sale of the mortgaged property. The petitioner is challenging the same. At the time of admission, taking a lenient view, I granted an interim stay for a month on condition that the petitioner pays an amount of Rs.50,000/- within that time. It is admitted before me that the petitioner has not complied with the condition in the interim order. That being so, the petitioner has become disentitled to the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. If the petitioner has any valid contention against the sale, it is for the petitioner to approach the authority under Section 69 of the Kerala Co-operative Societies Act appropriately. Without prejudice to that right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2