IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 RP.No. 1052 of 2008(E) ---------------------- AGAINST THE JUDGEMENT IN WPC.27768/2008 Dated 18/09/2008 .................... REVIEW PETITIONER(S): ---------------------- P.V.ANNAKUTTY,W/O.V.J.JOSE, VATTAMTHOTTIYIL HOUSE MATTAKKARA PO., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. SPECIAL SALE OFFICER, KOTTAYAM CO.OP.URBAN BANK LTD.NO.421 2. KOTTAYAM CO.OP.UTRBAN BANK LTD.NO.421 REP. BY ITS MANAGING DIRECTOR, THIRUNAKKARA, KOTTAYAM. 3. MANAGING DIRECTOR, KOTTAYAM CO.OP.URBAN BANK LTD.NO.421, KOTTAYAM. 4. ASST.REGISTRAR OF CO.OP.SOCIETIES (GENERAL), KOTTAYAM. 5. JOSEPH, S/O.PATHROSE, PANACHIKKALKUNNEL, VARAKUMALA, AMAYANNOOR, KOTTAYAM. R1, R4 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2, R3 BY ADV.SRI.SURIN GEORGE IYPE, S.C. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- R.P.No.1052 OF 2008 IN W.P(C).27768 OF 2008 ------------------------------------------- Dated this the 13th day of October, 2008 O R D E R Learned Government Pleader appears for respondents 1 and 4. Adv.Sri.Surin George Iype appears for respondents 2 and 3. Having regard to the nature of the direction being issued hereunder, notice to the 5th respondent is dispensed with. 2. The petitioner availed a loan from respondents 2 and 3 and defaulted repayment leading to arbitration proceedings under the Kerala Co-operative Societies Act and Rules, resulting in an award and execution proceedings. It appears that the property was purchased in auction by the 5th respondent. Therefore, this Court was inclined to entertain the writ petition and accordingly, judgment dated 18.9.2008 was issued relegating the parties to appropriate statutory authorities. This review petition is filed by the petitioner on the ground that the said judgment would not have been issued, had this Court been RP.1052/08 Page numbers appraised of the fact that the sale proceedings itself was without notice to the petitioner. This again is an issue which can be raised before the competent statutory authority. This Court is reluctant to entertain those issues in the case in hand because third party rights have intervened and objections, even to the request of the petitioner, will have to be adjudicated by appropriate authority. In the aforesaid circumstances, this petition is ordered clarifying that neither the judgment sought to be reviewed nor this order would stand in the way of the petitioner seeking appropriate remedy in accordance with the statutory provisions before competent authority/authorities as regards the sale or the loan transaction, including the conduct of the sale which is allegedly to be without notice to the petitioner. If the petitioner submits such applications, they will be considered in accordance with law and after hearing the necessary parties. Any request of the petitioner for expediting the matter will also be considered by the competent authority. To aid such process, the RP.1052/08 Page numbers appropriate statutory authority will also consider any request for issuance of interim orders, including against granting of mutation, etc. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.