IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 13098 of 2008(H) -------------------------- PETITIONER(S): --------------- M.SASIDHARAN, S/O.MADHAVAN, PUTHANMADATHIL HOUSE, WEST VELLANIKKARA, MADAKKATHARA, THRISSUR. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): --------------- 1. SECRETARY, VELLANIKKARA SERVICE CO-OPERATIVE BANK LTD., VELLANIKKARA, THRISSUR. 2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THRISSUR. 4. THE SPECIAL SALES OFFICER, VELLANIKKARA SERVICE CO-OPERATIVE BANK LTD. 5. THE ASSISTANT REGISTRAR (GENERAL) OFFICE, THRISSUR. R1 BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN R2 TO R5 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13098 OF 2008 ------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT The petitioner is the assignee of a parcel of property from one in whose favour the first respondent society released an existing charge created at an earlier point of time. While the first respondent states that there are other transactions and arbitration awards, the complaint of the petitioner was looked into by the Joint Registrar, following which, the Assistant Registrar has made Ext.P5 report of certain facts to the Joint Registrar. Under such circumstances, as matters now stand, it is for the Joint Registrar to conclude proceedings taking into consideration Ext.P5 and after hearing the petitioner and the first respondent, particularly because the materials on record disclose that there were different transactions between the first respondent and the original debtor, though the release executed in favour of the original debtor may wipe off any charge created in favour of the creditor. WPC.13098/08 Page numbers For the aforesaid reasons, without expressing anything on merits, this writ petition is ordered directing the second respondent to hear the petitioner and the first respondent and take a decision finally on the matter reported to him by the first respondent as per Ext.P5. All other issues are left open. Let the needful be done within 45 days from the date of receipt of a copy of this judgment. The petitioner and the first respondent are directed to appear before the second respondent on 28.10.2008 to mark their appearance so that the second respondent can schedule the hearing appropriately. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.