IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 38298 of 2007(H) --------------------------------------- PETITIONER(S) : ----------------------- M.P.THANKAMMA, W/O.NEELAKANDAN CHETTIYAR AGED 74 YEARS, MARANGATTIL HOUSE, PULICKAL KAVALA P.O., VAZHOOR, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.V.K.PEERMOHAMED KHAN RESPONDENT(S) : ------------------------- 1. THE REGISTRAR(GENERAL), KOTTAYAM. 2. SPECIAL SALE OFFICER, THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.K-48, KOTTAYAM. 3. THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.48, KOTTAYAM,REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI. NOBLE MATHEW. R2 & R3 BY ADVS. SRI. V.G. ARUN SRI. T.R. HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011 , THE COURT ON 16/12/2011 DELIVERED THE FOLLOWING: NS WP(C).No. 38298/2007 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF THE SALE PROCLAMATION ISSUED BY THE 2ND RESPONDENT FOR THE SALE OF THE PROPERTIES. EXT. P2 : COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS. EXT. P3 : COPY OF THE REPLY NOTICE ISSUED BY THE ADVOCATE ON BEHALF OF THE SON OF THE PETITIONER. EXT. P4 : COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF THE EXT. P3 NOTICE BY THE 2ND RESPONDENT. EXT.P4(A) : COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, EVIDENCING THE RECEIPT OF THE EXT. P3 NOTICE BY THE 3RD RESPONDENT. EXT. P5 : COPY OF THE NOTICE ISSUEDBY THE 2ND RESPONDENT. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.38298 of 2007 ---------------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT The petitioner is a legal heir of a defaulter in repayment of loan amounts due from the defaulter to the 3rd respondent Co-operative bank. The bank brought the property mortgaged to sale, which sale is under challenge in this writ petition. 2. The learned counsel for the petitioner is absent. The learned counsel for the bank submits that subsequently the loan amount has been paid and the property has been returned to the owner. In the above circumstances, recording the same, this writ petition is closed. S. SIRI JAGAN, JUDGE acd