IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 22224 of 2007(U) ---------------------------------------- PETITIONER: -------------------- VARGHESE, AGED 55, S/O.ARIKADAN THOMAN, P.O.INCHAKUNDU, MUPPIYAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------- 1. THE IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R-312, REP. BY ITS BRANCH MANAGER, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. THE SPECIAL SALE OFFICER, IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R-312, P.O.IRINJALAKUDA, THRISSUR DISTRICT. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR. 4. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 TO R4 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22224/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD. 16/10/06. EXT.P2: COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DTD. 29/06/06. EXT.P3: COPY OF THE COMMUNICATION BY THE FIRST RESPONDENT DTD. 1/11/06. EXT.P4: COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER DTD. 28/04/07. EXT.P5: COPY OF THE REPLY ON BEHALF OF THE FIRST RESPONDENT AND THE THIRD RESPONDENT DTD. 7/05/07. EXT.P6: COPY OF THE ACKNOWLEDGEMENT CARD BY THE THIRD RESPONDENT DTD. 18/04/07. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE LETTER NO.250/04 DTD. 9/08/2006. EXT.R1(B): COPY OF THE LETTER NO.1327/06 DTD. 9/08/2006. EXT.R1(C): COPY OF THE PETITION DTD. 8/08/2006. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.22224 of 2007-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2008. JUDGMENT 1.The petitioner bid a property in an auction conducted under the Kerala State Co-operative (Agricultural and Rural Development Banks) Act. There was no application to set aside that sale within the time limit prescribed by the statute. Ext.R1(a) was, therefore, issued by the Sale Officer to the Joint Registrar to confirm the sale. This was followed by Ext.R1(b). However, going by the counter affidavit of the first respondent, Ext.R1(c) is filed by one Wilson seeking to set aside the sale on account of certain alleged impropriety in conducting the sale. 2.In the aforesaid circumstances, the request of WP(C)22224/2007 -: 2 :- the petitioner for confirming the sale and issuing the sale certificate will be taken up and acted upon by the competent authority, subject to any decision that may be rendered on Ext.R1(c). It is further directed that consideration and disposal of Ext.R1(c) will also be expedited and the same shall be disposed of within an outer limit of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/