IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 27095 of 2009(F) -------------------------- PETITIONER(S): --------------- KHADEEJA, AGED 65 YEARS, W/O.LATE K.M.ABDUL RAHMAN, BAMDICHALKUNNIL, P.O.THEKKIL, CHENGALA VIA, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): --------------- 1. SALE OFFICER, SENIOR INSPECTOR/ SPECIAL SALE OFFICER, KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURE AND RURLA DEVELOPMENT BANK LTD., NO.F.F.113, KSARAGOD-671 121. 2. THE SECRETARY, KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., F.F.113, KASARAGOD-671 121. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KASARAGOD. BY GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADV. MR.T.SETHUMADHAVAN FOR R2 MR.PUSHPARAJAN KODOTH FOR R2 MR.K.JAYESH MOHANKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27095 of 2009 (F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - THE TRUE COPY OF THE SALE CERTIFICATE IN RESPECT OF 3.45 ACRES OF PROPERTY. EXT.P2 - TRUE COPY OF THE SALE CERTIFICATE IN RESPECT OF 0.52 ACRES OF THE PROPERTY. EXT.P3 - THE TRUE COPY OF THE REPRESENTATION DATED 9.9.2008. EXT.P4 - THE TRUE COPY OF THE PAPER PUBLICATION DATED 3.9.2008. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 27095 of 2009 ................................................. Dated this the 9th day of November, 2009 J U D G M E N T Petitioner's late husband K.M.Abdul Rahman was a defaulter in repayment of loan amounts due to the Kasaragod Primary Co-operative Agriculture and Rural Development Bank Ltd. On the death of the husband, proceedings were initiated for recovery of the amounts by sale of the mortgaged properties. It resulted in a sale in which the 2nd respondent society themselves purchased the property. The petitioner now seeks a direction to the society to reconvey the properties to the petitioner on the petitioner paying the entire amounts due to the bank. On 21.10.2009, I passed the following order: “The learned counsel for the 2nd respondent society submits that although they are legally not bound to do so, if the petitioner is prepared to pay Rs. 31,01,704/- with a nominal interest from 5.12.2003, the rate of which to be decided by this court, within three months, the 2nd respondent is prepared to re-convey the property to the petitioner. The counsel for the petitioner seeks time to get instructions from the party.” 2. The learned counsel for the petitioner today submits that the petitioner is prepared to pay the amount, but the W.P(C) No. 27095 of 2009 -2- petitioner requires six months' time. The counsel for the bank submits that six months are too long and the petitioner may be directed to pay the amounts at least within two months. He also submits that the petitioner should pay reasonable interest on the amount. After hearing both sides, I dispose of this writ petition as follows: 3. The petitioner shall pay the said amount of Rs.31,01,704/- with interest at the rate of 6% from 5.12.2003 till the date of payment within six months from today. On payment of the said amount, the 2nd respondent shall reconvey the property to the petitioner. The petitioner shall also bear the entire expenses for executing the reconveyance deed. If the petitioner does not pay the amount within the said period of six months, the petitioner would not be entitled to the benefit of this judgment. S. SIRI JAGAN, JUDGE rhs