IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 3708 of 2008(N) ------------------------- PETITIONER: ------------- GEORGE MATHAI, S/O.MATHAI, PUZHANAVALLY HOUSE, P.O.KUNIJI, PURAPPUZHA, IDUKKI DISTRICT. BY ADV. SRI.R.KIRAN RESPONDENTS: ----------------- 1. THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., THODUPUZHA P.O., REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), IDUKKI. R1 BY ADV. SRI.P.V.BABY R2 BY GOVT. PLEADER, SMT. M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 3708 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COY OF REPRESENTATION DT.22.8.07 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), THODUPUZHA. EXT.P2 : TRUE COPY OF COMMUNICATION DT.12.09.07 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF PETITIONER. EXT.P3 : TRUE COPY OF THE REQUISITION DT.26.10.07 SUBMITTED BY THE PETITIONER EBFORE THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 3708 OF 2008 ----------------------------------- Dated this the 18th day of February, 2008 JUDGMENT The parties have entered a settlement before an adalat of the Co-operative Department, on 01.09.07. Thereby, the loan transaction is crystallized into a decision that the Bank will re- convey the property which it purchased in recovery auction and the debtor petitioner will pay amounts as fixed in the adalat. In such an instance, the concurrence of the registrar is not necessary and Ext.P2 is baseless. In the result, Ext.P2 is quashed and the parties are directed to act in terms of the decision of the adalat before the end of the current financial year. The Writ Petition is allowed as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb RC No. 8 OF 1999 2