IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 14017 of 2008(R) ----------------------------------------- PETITIONER: -------------------- DEVASSIA THOMAS, S/O.DEVASSIA, MANNARATHARA HOUSE, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.VINOD RAVINDRANATH RESPONDENTS: ------------------------- 1. THE OONNUKAL SERVICE CO-OPERATIVE BANK LTD., NO.E.58, OONNUKAL, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT THE OONNUKAL SERVICE CO-OPERATIVE BANK LTD., NO.E.58, OONNUKAL. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN – R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14017/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE SALE CERTIFICATE IN DOCUMENT NO. P 53/2005/6090/07 OF S.R.O. KOTHAMANGALAM, DTD. 15/12/2005. EXT.P2: COPY OF ORDER DTD. 4/10/2007 OF THE 3RD RESPONDENT. EXT.P3: COPY OF LETTER ISSUED BY THE FIRST RESPONDENT DTD. 30/10/2007. EXT.P4: COPY OF APPLICATION DTD. 15/03/2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.14017 OF 2008 (R) ---------------------------------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T None appears for first and second respondents in spite of service of notice. It is therefore, apparent that they have no objection to the reliefs being granted. First and second respondents are, therefore, directed to consider Ext.P4 and take appropriate action, in accordance with law, and give the petitioner an opportunity to get back the property, particularly, because the petitioner agrees to abide by such reasonable condition that may be imposed by the bank for reconveyance. The matter will be settled within a period of three months from the date of receipt of a copy of this judgment. It is also directed that the bank shall not transfer the property to any one else pending such decision. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/7/8 // True copy // P.A. to Judge.