IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 15048 of 2009(O) --------------------------------------- (E.P. NO. 99/08 IN ARC.NO.83/2002 OF MUNSIFF MAGISTRATE COURT,MANNARKAD) .................... PETITIONER: ------------------- VALSAMMA JAMES, ARAKKAL HOUSE, NIRAVU, PALAKAVAM P.O., PALAKKAD. BY ADV. MR.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, THACHAMPARA BHAVANA NIRMANA SAHAKARANA SANGHAM LTD.NO.P.817, THACHAMPARA, MANNARKKAD TALUK. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD. 3. SHAMEER, S/O.MOIDEEN, THEKKAN VEEDU, CHOORIVODU, THACHAMPARA P.O., MANNARKKAD TALUK. 4. THE SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. R1 BY ADVS. MR.SAJAN VARGHEESE K, MR.LIJU. M.P, R2 & R4 BY GOVT. PLEADER MR. P.K. RAVIKRISHNAN, R3 BY ADV. MR.LEGY ABRAHAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 15048 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 20th day of July 2009. JUDGMENT The writ petition is filed seeking the following reliefs:- a) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Exhibit P3 order of the 1st respondent stating that the sale of the petitioner's property was conducted on 03.11.2007 in ARC No.83/02. b) Declare that the alleged sale conducted by the Sale Officer is abinitio void. c) Issue writ of certiorari quashing Exhibit P7 execution petition filed by the auction purchaser (3rd respondent). d) To grant such other reliefs prayed for from time to time including cost of these proceedings. 2. Petitioner had availed a loan from the first respondent Society. The loan being defaulted the property mortgaged to the Society was brought to sale and it was purchased in auction by the third respondent. The auction purchaser (third respondent) filed an execution petition before the Munsiff Court, Mannarkkad for getting delivery of the property. At that stage, petitioner has approached this Court and filed the writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction W.P.(C). No. 15048 OF 2009 2 vested with this Court under Article 227 of the Constitution of India advancing a case that some of the amounts remitted towards the loan are not accounted by the first respondent Society. 3. I heard the Counsel on both sides. A dispute between the petitioner and the Society, once the sale is over, cannot be reopened before the execution court when the auction purchaser in sale moved for the delivery of the property. Petitioner has to seek relief, if any, from the Society by taking proper proceedings as envisaged by law. If she has any specific objection to the delivery of property, as provided by law, she can raise such objections before the execution court. Reserving her right to do so, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE kkms/