IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 15159 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------- SUDHEER,S/O.RAJAN, MANGALATH VEEDU, KOTHAPARAMBU, PO,KODUNGALLOOR. BY ADVS. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.RAFEEK. V.K., SRI.PRATHAP PILLAI, SRI.M.PRAVEEN KUMAR SRI.BENOJ C. AUGUSTIN. RESPONDENT(S): --------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK, KODUNGALLOOR BRANCH, REPRESENTED BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THRISSUR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR. 5. SUSHAMA,W/O.SAHADEVAN,MAMBARATH (H), SREENARAYANAPURAM, PANANGAD,THRISSUR. R1 BY ADV. SRI. P.C. SASIDHARAN, SC R2 TO R4 BY GOVERNMENT PLEDER SRI. P.M.MANOJ R5 BY ADV. SRI.S.K.MURALEEDHARA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15159/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AUCTION NOTICE PUBLISHED BY THE 3RD RESPONDENT. P2: COPY OF THE RECEIPTS EVIDENCING THE PAYMENT ISSUED BY THE BANK. P3: COPY OF THE REPRESENTATION DTD. 7/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. P4: COPY OF THE JUDGMENT DTD. 1/07/2010 IN WPC.NO.7849/10 FILED BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 15159 of 2011 ------------------------------- Dated this the 1st day of August, 2011 J U D G M E N T An item of property belonging to the fifth respondent who was the guantor to a loan availed by her husband from the first respondent bank was brought to sale and sold in public auction on 25.2.2010. In that auction, the petitioner was the successful bidder. This writ petition is filed contending that though pursuant to Ext.P4 judgment of this Court in W.P.(C) No.7849 of 2010 filed by the fifth respondent, the Registrar of Co-operative Societies heard the fifth respondent and the first respondent bank, till date, orders have not been passed pursuant to the hearing, as a result of which the petitioner is seriously prejudiced. The petitioner states that he has deposited the bid amount of Rs.5,01,000/- in full on 25.2.2010 and unless expeditious orders are passed on the representation filed by the fifth respondent objecting to the sale, he will be seriously prejudiced. 2. When the writ petition came up for hearing today, Sri.P.C.Sasidharan, learned standing counsel appearing for the first respondent bank submitted on instructions that though the Registrar of Co-operative Societies heard the parties on 11.4.2011, till date, orders have not been passed on the representation filed by the fifth W.P.(C) No.15159 of 2011 2 respondent wherein she has requested the Registrar of Co-operative Societies to set aside the sale. The learned Government Pleader appearing for respondents 2 and 3 did not dispute the said submission. In such circumstances, I dispose of the writ petition with a direction to the second respondent to pass final orders pursuant to the hearing held by him on 11.4.2011 and to communicate the same to the parties concerned within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.