IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 2455 of 2010(F) --------------------------------------- PETITIONER(S): ------------------------- B.SANTHOSHKUMAR, FLEXO PHOTOSTAT SHOP NO.3,REHABILITATION BLOCK, JUBILEE HOSPITAL ROAD,. PALAYAM, THIRUVANANTHAPURAM. BY ADVS. SRI.S.EASWARAN, SRI.P.MURALEEDHARAN (IRIMPANAM). RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE, STATUE,THIRUVANANTHAPURAM. 3. TRIVANDRUM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.T.170,HOUSING BOARD JUNCTION, TRIVANDRUM - 695 001, REPRESENTED BY ITS SECRETARY. R3 BY ADVS. SRI. SUMAN CHAKRAVARTHY, SC SMT. K.R. RIJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2455/2010 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PETITION DTD. 22/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE 3RD RESPONDENT. P2: COPY OF PETITION DTD. 10/06/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF COMMUNICATION NO.1163 DTD. 12/11/2009 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF PETITION DTD. 29/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF COMMUNICATION DTD. 07/01/2010 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ----------------------------------------- W.P.(C) No.2455 of 2010 ----------------------------------------- Dated this the 2nd day of June, 2010 JUDGMENT The petitioner is conducting a Flexo Photostat Unit at Jubilee Hospital Road, Thiruvananthapuram. He had availed a loan of Rs.1,05,000/- from the third respondent on the security of an item of immovable property having an extent of 7 cents. However, the petitioner could not repay the loan. Therefore, recovery proceedings were initiated against the petitioner and the property was sold in public auction. As per Ext.P3 proceedings, the third respondent bank purchased the property. According to the petitioner, no notice of the auction was served on him. Therefore, he submitted Ext.P1 before the Secretary of the third respondent complaining that he had not received any notice of auction and praying for a direction to cancel the auction and to permit him to repay the amount that was payable. However, he was informed by the third respondent that they would have to obtain the sanction of the second respondent for the said purpose. Therefore, the petitioner submitted Ext.P2 for the sanction. Though Ext.P2 was followed wpc No.2455/2010 2 by Ext.P4 petition, the petitioner complains that no orders have been passed thereon till date. He therefore prays for a direction to consider Ext.P4 on an early date. The counsel for the third respondent has no objection to such a direction being issued. In the above circumstances, this Writ Petition is disposed of directing the first respondent to consider the request of the petitioner contained in Ext.P4 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, Judge css/