IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 7125 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ SIJIN, S/O.SAVITHRI, MOOLASSERY HOUSE, PANANGAD, SREENARAYANAPURAM VILLAGE, KODUNGALOOR, TRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------------------- 1. THE TRISSUR DISTRICT CO-OPERATIVE BANK, KODUNGALOOR BRANCH, REP.BY ITS SECRETARY, KODUNGALOOR, TRISSUR. 2. THE SPECIAL SALE OFFICER, TRISSUR DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, TRISSUR. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR. P.C.SASIDHARAN,SC, TRISSUR DIST.CO-OP.BANK. R2 TO R4 BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.7125 of 2010 ------------------------------------------- Dated this the 5th day of March, 2010 JUDGMENT The petitioner's mother had availed a loan of Rs.3 lakhs from the first respondent bank. However, the amount was not repaid. According to the petitioner, it was due to the mental illness of the mother that the instalments were defaulted. The bank initiated proceedings for the recovery of the loan amount by issuing Ext.P3 notice. Thereupon the petitioner approached the Registrar of Co-operative Societies for the redressal of his grievances as per Ext.P4. While Ext.P4 was so pending before the Joint Registrar of Co-operative Societies, the bank auctioned the properties on 25.2.2010 for the realisation of an amount of Rs.7,18,685/-. According to the petitioner, the sale was initiated without complying with any of the legal formalities that were mandatorily required to be complied with before initiating such proceedings. The petitioner also has a case that for recovery of the amount that was demanded, sale of the entire property wpc No.7125/2010 2 admeasuring 34 cents was not necessary. Therefore, the bank should have proceeded to sell only a portion thereof in accordance with Rule 85 of the Co-operative Societies Rules. According to the petitioner, though the sale was conducted by the bank on 25.2.2010, the sale has not been confirmed yet. The petitioner has submitted Ext.P5 before the Registrar of Co-operative Societies seeking to set aside the sale. The petitioner prays for a direction to dispose of Ext.P5 expeditiously and prays for a stay of confirmation of the sale till such disposal. 2. Adv.P.C.Sasidharan appears for the first respondent. He opposes the request of the petitioner. The learned Government Pleader also opposes the request pointing out that proper grounds have not been made in Ext.P5 for setting aside the sale. 3. I do not propose to go into the merits of the rival contentions raised before me. Since Ext.P5 is pending consideration of the third respondent, it is sufficient that the same is directed to be disposed of on an early date, after considering the contentions of the petitioner on the merits. wpc No.7125/2010 3 4. In the above circumstances, this Writ Petition is disposed of directing the third respondent to consider the petition submitted by the petitioner, evidenced herein by Ext.P5 in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Till final decision is taken on Ext.P5, confirmation of the sale conducted by the bank on 25.2.2010 of the petitioner's property shall be deferred. K.SURENDRA MOHAN, JUDGE css/