IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 35122 of 2009(I) ---------------------------------- PETITIONER(S): ------------------ U.K. MOHANAN, AGED 60 YEARS, S/O. KRISHNAN, UPPUNGAL HOUSE, PERINGAVU VILLAGE DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT CO-OPERATIVE BANK LTD., THRISSUR. 3. THE SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR (C) OFFICE, THRISSUR. 4. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, AYYANTHOLE,THRISSUR. R2 BY ADV. SRI.P.C.SASIDHARAN ,SC R1, R3 & R4 BY SENIONR GOVT.PLEADER JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC 35122 OF 2009 APPENDIX PETITIONERS EXHIBITS: P1 : COPY OF SALE NOTICE ISSUED TO THE PETITIONER DATED 11/7/2006 P2 : COPY OF 2ND SALE NOTICE ISSUED TO THE PETITIONER DATED 12/11/2007 P3 : COPY OF SALE CERTIFICATE DATED 6/11/2009 RESPONDENTS EXHIBITS: NIL \\TRUE COPY\\ PA TO JUDGE JM ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 35122 OF 2009 ----------------------------------------------------- Dated this the 3rd day of December, 2011 J U D G M E N T Heard the counsel for the petitioner and the 2nd respondent. 2. Petitioner had availed of loans from the 2nd respondent, Bank. Default was committed and award was obtained and on the basis of the award the mortgage property was brought for sale. Accordingly the property was sold and the Bank itself purchased the property as per Ext.P3. The sale was also effected in favour of the Bank as per Ext.P3 proceedings of the 4th respondent. It is challenging the above proceedings and Ext.P3 order this writ petition is filed. 3. In the statement filed on behalf of the 2nd respondent it is stated that consequent to Ext.P3, the petitioner has settled the entire liability due to the Bank on 29.7.2011. From the above it is therefore obvious that the W.P.(C) No. 35122 OF 2009 :2 : liability for the realization of which the proceedings were initiated stands discharged. Consequently, Ext.P3 is quashed and the writ petition is disposed of directing that the Bank will release the titled deeds deposited by the petitioner. The writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE ul/-