IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 5348 of 2010(P) -------------------------------------- PETITIONER(S): ------------------------ ABDUL MAJEED, S/O. ABDUL KHADER, CHATHOTHAYIL HOUSE, VENMANAD DESOM, PARARATTY AMSOM,CHAVAKKAD TALUK. BY ADVS. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.A.S.SABU, SRI.PRATHAP PILLAI, SRI.BENOJ C AUGUSTIN, SRI.SAIJO HASSAN. RESPONDENT(S): --------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. PAVARATTY SERVICE CO-OPERATIVE BANK LIMITED, NO.3918, PAVARATTY, REPRESENTED BY ITS SECRETARY. R1 BY SR. GOVERNMENT PLEADER SRI. K.S. MUHAMMED HASHIM R2 BY ADV. SRI.P.N.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5348/2010 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD DTD. 17/08/2000. P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. NIL. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. NIL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ----------------------------------- W.P.(C) No.5348 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner had availed a loan of Rs.25,000/- from the 2nd respondent Bank after mortgaging an extent of 5 cents of property, comprised in survey No. 829 of Kandanissery Village, Thalappilly Taluk, owned by him. However, the petitioner did not repay the loan amount. Therefore, the Bank filed ARC No. 952/2000 and Ext.P1 award was passed against the petitioner. Thereafter, the Bank filed E.P.No.148/2001 for execution of the award. The property of the petitioner was sold in public auction and was purchased by the Bank. 2. According to the petitioner, he was unable to attend the proceedings before the Arbitration Court because he was out of station for several years in connection with his employment. The petitioner contends that this is the only property owned by him. Therefore, if the property is not given back to the petitioner himself and his family would be thrown W.P.(C) No.5348/2010 2 out on the street. The petitioner has submitted representations before the respondents expressing his willingness to pay whatever amounts that may be found payable by him and requesting them to reconvey his property to him. He prays for appropriate directions for finally disposing of his representations. 3. The counsel for the 2nd respondent submits that the property could be reconveyed to the petitioner but only on payment of all the amounts that are due to the bank. The petitioner has no objection to pay whatever amount that may be found due from him. 3. In the above circumstances, this Writ Petition is disposed of directing the 1st respondent to consider Ext.P2 representation of the petitioner, after giving an opportunity of being heard to both the petitioner as well as the 2nd respondent, and to pass appropriate orders thereon for reconveying the property of the petitioner to him, provided he pays all the amounts that are due and payable by him to the 2nd respondent W.P.(C) No.5348/2010 3 Bank. Orders as indicated above shall be passed, as expeditiously as possible, at any rate, within a period of two months from the date of production of a copy of this judgment. (K.SURENDRA MOHAN, JUDGE) ps