IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 27320 of 2008(B) -------------------------------------- PETITIONER: ------------------- K.MUHAMMED BASHEER, AGED 47 YEARS, S/O RAZAK RAWTHER, KOLOTHUMPADY, THACHAMPARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN. RESPONDENTS: ----------------------- 1. THACHAMPARA BHAVANA CO-OPERATIVE HOUSING SOCIETY, THACHAMPARA P.O., PALAKKAD, KERALA STATE. 2. THE SENIOR INSPECTOR, CO-OPERATIVE SOCIETIES, ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERAL REGIONAL OFFICE,KOZHIKODE. 3. THE CHAIRMAN, DEBT AGRICULTURAL RELIEF, COMMISSION ANAYARA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.27320 of 2008 ================================== Dated this the 15th day of September, 2008. JUDGMENT Petitioner challenges a sale evidenced by Ext.P3, shown to have been held on 25-8-2008 in terms of the Kerala Co-operative Societies Act and Rules. His attempt is not to pay off the amounts and redeem the property. He pleads that the sale is vitiated by irregularity, impropriety, fraud etc. These are matters, which may be germane for an application under Rule 83 of the Kerala Co- operative Societies Rules, 1969, hereinafter, “the Rules”. As of now, the petitioner is well within the time limit to file appropriate application under that Rule. On the grounds raised, all that needs to be done is for the competent authority to take appropriate action if an application is filed under Rule 83 of the Rules. Without prejudice to that course and without prejudice to the WPC27320/08 -:2:- contentions of the petitioner and respondents 1 and 2, this writ petition is closed. However, I am sure in my mind that Ext.P5 filed before the third respondent cannot be entertained by the Agricultural Debt Relief Commission for the simple reason that the loan is not one availed for agricultural purpose. It is only a housing loan. Thottathil B.Radhakrishnan, Judge. sl.15.9.