IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 6487 of 2011(I) ------------------------- PETITIONER: --------------- MANJUMOL, W/O.ASHISH, ATHIRA HOUSE, KATTACHALKUZHI POST, BALARAMAPURAM, TRIVANDRUM. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS: --------------- 1. THE NEELUR SERVICE CO-OPERATIVE BANK LTD.NO.K.51, NEELUR, POST KOTTAYAM DISTRICT-686 651, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM-686 001. 3. THE SECRETARY, GOVERNMENT DEPARTMENT OF CO-OPERATION, SECRETARIAT, TRIVANDRUM-695 001. ADV. SRI.GEORGEKUTTY MATHEW FOR R1 R2 & 3 BY GOVT. PLEADER SHRI. P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE REPRESENTATION DT. 10-1-2011 BY THE PETITIONER EXT.P2: -DO- OF THE REPRESENTATION DT. 28-12-2010 BY THE PETITIONER EXT.P3: -DO- OF THE REPRESENTATION DT. 19-1-2011 BY THE PETITIONER EXT.P4: A TRUE COPY OF THE SUMMONS EXT.P5: -DO- OF THE ACKNOWLEDGEMENT EXT.P5A: -DO- EXT.P6: -DO- OF THE REPLY DT. 4.2.2011 jj /TRUE COPY/ P.S.TO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 6487 OF 2011 ----------------------------------------------------------- Dated this the 1st September, 2011. JUDGMENT The petitioner is a person whose property has been sold by the first respondent in auction towards recovery of the loan arrears due from her. According to the petitioner, it was her uncle who had taken the loan and the property of the petitioner had been given as security for the loan transaction. The property was sold on 15-9-2003 and the bank purchased the same for an amount of Rs.1,36,042/- (Rupees one lakh thirty six thousand forty two only). Though the petitioner had submitted Exts.P1 to P3 representations seeking reconveyance of the property, her complaint is that no action has been taken on those representations till date. Ext.P6 is the last representation submitted by the petitioner. 2. A counter affidavit has been filed on behalf of the first respondent bank stating that though the bank had purchased the property for an amount of Rs.1,36,042/- (Rupees one lakh thirty six thousand forty two only), the total expenditure incurred by the bank works out to Rs.3,07,386/- (Rupees three lakhs seven thousand three hundred and eighty six only) as on 31-3-2011. WP(C) 6487/2011 2 However, the bank is willing to give suitable remission to the petitioner so as to enable her to save her property. 3. At the time of arguments, it is submitted by the counsel for the petitioner that the Registrar of Co-operative Societies has issued a circular captioned as “Ashwas 2011”, as per the terms of which the bank is not entitled to claim interest in excess of the principal amount. According to the counsel for the petitioner, the petitioner is entitled to the benefits of the said circular. Counsel for the first respondent bank replied to the above submission by stating that no request under the circular referred to by the counsel for the petitioner has been submitted to the bank yet. If a request as contemplated by the circular is submitted, the same would certainly be considered by the bank. The limited relief that is sought by the petitioner is a direction to the bank to consider the request of the petitioner for reconveyance of the property, in the light of the circular referred to above. 4. In the above circumstances, this writ petition is disposed of permitting the petitioner to submit a fresh request, in terms of the circular captioned as “Ashwas 2011”. If such representation is submitted to the first respondent within a period of two weeks from the date of receipt of a copy of this judgment, the first respondent WP(C) 6487/2011 3 shall consider the same in accordance with law and shall pass appropriate orders thereon extending to the petitioner all concessions and benefits to which she is eligible as per the relevant circulars in force. The representation submitted by the petitioner shall be considered and appropriate orders shall be passed, as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a copy of the petitioner's representation. Ordered accordingly. K. SURENDRA MOHAN Judge jj WP(C) 6487/2011 4