IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25224 of 2009(W) -------------------------- PETITIONER(S): --------------- SOBHA P.S. W/O.THOMAS JACOB, PARAYIL, KADUMENI, P.O.KADUMENI, CHERUPUZHA, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): --------------- 1. SALE OFFICER, SENIOR INSPECTOR/SPECIAL SALE OFFICER, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPEMNT BANK LTD., KANHANGAD, P.O.KANHANGAD - 671 315, HOSDURG, KASARAGOD DISTRICT. 2. THE SECRETARY, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPEMNT BANK LTD., KANHANGAD, P.O.KANHANGAD - 671 315, HOSDURG, KASARAGOD DISTRICT. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.25224 of 2009 -------------------------- Dated, this the 28th day of August, 2009 ------------------------------ J U D G M E N T The petitioner was a defaulter to the Bank, of which the 1st respondent is the Sale Officer. The property was proceeded against, and finally was auctioned on 22/07/2009. The Bank itself purchased the same. Thereafter, the petitioner filed Ext.P3 to the 2nd respondent requesting to cancel the sale and return the property, and allow her to discharge the amount due. Orders have not been passed on Ext.P3, and therefore, this writ petition is filed. 2. Now that the sale has been concluded, the course open to the petitioner is to move under Rule 82 of the Kerala Co- operative Societies Rules, which ought to have been made to the 1st respondent, and not to the 2nd respondent. 3. However, having regard to the fact that Ext.P3 has been submitted before the 2nd respondent within the time as provided under Rule 82 of the Rules, this writ petition is disposed of with the following directions:- That the 2nd respondent shall, on the production of a copy of this WP(C) No.25224/2009 -2- judgment, place Ext.P3 before the 1st respondent for his consideration. It is directed that once Ext.P3 is received by the 1st respondent as above, the 1st respondent shall treat the same as one filed under Rule 82 of the Kerala Co-operative Societies Rules. It is directed that within one week from today, the petitioner shall also remit 50% of the amount that is due, and only on such deposit, the 1st respondent will consider Ext.P3 on merits, and pass orders thereon. 4. The petitioner shall produce a copy of this judgment before respondents 1 & 2 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg