IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27332 of 2008(D) -------------------------- PETITIONER: ----------------- RAJAN, S/O KRISHNAN KUTTY, VADAKKEDATHU HOUSE, PARAKKAD, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ---------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., AYYANTHOLE BRANCH, REP. BY ITS SECRETARY, AYYANTHOL,THRISSUR. 2. THE SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERTIVE BANK, HEAD OFFICE, THRISSUR. 3. STATE OF KERALA , REP. BY THE SECRETARY, TO GOVT. CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR FOR R3 ADVS. SRI. V.G. ARUN & T.R. HARI KUMAR, SC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkms THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------------------- W.P.(C) NO.27332 OF 2008 (D) -------------------------------------------------------------------- Dated this the 16th day of September, 2008 J U D G M E N T Petitioner availed a loan and defaulted the repayment. This writ petition has filed faced with sale proceedings. 2. The learned counsel for the first respondent bank submits on instructions that the sale was conducted on 5-9- 2008 and the property has been bid in auction by a third party. Rule 60 and the allied ones among the Kerala Co- operative Societies Rules, 1969 give the petitioner sufficient opportunity to have the sale set aside. In view of the intervening third party interests, I deem it in appropriate to issue any further direction, in this jurisdiction. For the foregoing reasons, this writ petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/9