IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 6891 of 2008(U) ------------------------------------- PETITIONER: ------------------- THOONERI NARAYANAN, S/O. KORAN, AGED 78 YEARS, UCHILIKANDOTH HOUSE, MUZHAPPILANGAD AMSOM, DESOM, (P.O) MUZHAPPILANGAD, KANNUR DISTRICT. BY ADV. SRI.GEORGE MECHERIL. RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR. 2. THE CHOVVA CO-OPERATIVE RURAL BANK LTD., REPRESENTED BY ITS SECRETARY, KANNUR DISTRICT. SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R1, ADV. SRI.P.V.SURENDRANATH FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6891/2008-U: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6891 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2008. JUDGMENT 1.Perused the writ petition and the counter affidavit. 2.Heard learned counsel for parties. 3.The petitioner has satisfied the conditions imposed by the different interim orders and have made payments thereby demonstrating clear bona fides for sympathetic consideration for re- conveyance of property already bid in auction by the second respondent. However, the second respondent cannot be compelled to convene a general body meeting for that purpose, though only on the basis of a decision of the general body, could the property be transferred. Under such circumstances, it is ordered that if the WP(C)6891/2008 -: 2 :- petitioner pays the remaining amounts as may be determined by the general body within a period of one month from the date of communication of such decision, the general body will consider sympathetically the request of the petitioner for re-conveyance. To aid such process, it is ordered that the second respondent shall maintain the property in as is where is in condition until the general body meeting of the second respondent. With these directions, the writ petition is disposed of relegating the petitioner for consideration of his claim by the general body of the second respondent. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/280808