IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 29183 of 2009(P) -------------------------- PETITIONER(S): --------------- M.ABDUL RAHIMAN, S/O.MUHAMMED, SUHARA MANZIL, PERIYA ROAD, P.O.PANAYAL-671 318, BEKAL VIA, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KASARAGOD. 2. SALE OFFICER, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., KANHANGAD P.O., KASARAGOD DISTRICT. 3. HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., KANHANGAD P.O., KASARAGOD DISTRICT-671 315. BY SR. GOVT. PLEADER SRI. K.S MOHAMMED HASHIM ADV. SRI.V.G.ARUN FOR R3 SRI.T.R.HARIKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29183 of 2009 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SALE CERTIFICATE EXT.P2: TRUE COPY OF ONE TIME PROPOSAL EXT.P3: TRUE COPY OF THE REPRESENTATION EXT.P4: TRUE COPY OF THE JUDGMENT IN W.P (C) NO.13512/2006 DATED 13.6.2007 EXT.P5: TRUE COPY OF THE PETITION FILED UNDER SECTION 69 OF THE CO- OPERATIVE SOCIETIES ACT. /TRUE COPY/ P.A TO JUDGE S.SIRI JAGAN,J. ------------------------- W.P ( C) No.29183 of 2009 -------------------------- Dated this the 3rd November,2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 3rd respondent Co-operative Bank. They initiated coercive proceedings for recovery of the amount which resulted in sale of the mortgaged properties which were purchased by the Bank themselves since there were no bidders. Petitioner now seeks re- conveyance of the property. 2. Learned counsel for the Bank submits that although they are not legally bound to re-convey the property, taking a lenient view, the property can be re- conveyed, if this Court so directs, on payment of the entire amounts due as per the Bank. But the counsel for the petitioner submits that petitioner should pay the amount within a definite time. After hearing counsel on both sides, this writ petition is disposed of with the following directions: i) The third respondent Bank shall issue a communication to the petitioner stating the exact amount W.P ( C) No.29183 of 2009 2 the petitioner has to pay for re-conveyance of the property. Petitioner shall pay the same within two months from the date of receipt of the communication. ii) On receipt of the amount, the 3rd respondent shall re-convey the property to the petitioner, within a further period of one month. iii) Petitioner shall bear all expenses for executing the re-conveyance deed. (S.SIRI JAGAN,JUDGE) ma W.P ( C) No.29183 of 2009 3 W.P ( C) No.29183 of 2009 4