IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18158 of 2011(T) ------------------------------- PETITIONER(S): ---------------- SARASWATHI AMMA,AGED 90 YEARS, D/O.LATE JANAKI AMMA,THURUVAKKAL THOTTATHIKUDIYIL HOUSE,KALAMBOOR KARA,ENANALLOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): -------------------- 1. THE STATION HOUSE OFFICER,POTHANIKKAD POLICE STATION,MUVATTUPUZHA,PIN-686691. 2. THE MUVATTUPUZHA-KOTHAMANGALAM-PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL-DEVELOPMENT BANK LTD.NO.4389,REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA,PIN-686661. GOVT. PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.18158 of 2011 ------------------------------------------------ Dated this the 12th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition under Article 226 is instituted by a nonagenarian lady complaining that she is going to be evicted by the first respondent at the behest of the second respondent/Bank who has obtained sale certificate in respect of properties belonging to her. On considering this Writ Petition for admission this Court passed the following interim order on 06/07/11:- “Not admitted. G.P. takes notice for R1. G.P. will seek instructions from the first respondent regarding the allegations levelled in this writ petition against the first respondent. Post on 12/07/11” 2. Today, we have heard Sri.T.A.Unnikrishnan, the learned counsel for the petitioner and the learned Government Pleader Sri.Vipindas. Drawing our attention to W. P. C. No.18158 of 2011 -2- Rule 84 of the Co-operative Societies Rules, Sri.Unnikrishnan submitted that Rule 84 lays down the procedure for taking of delivery by purchaser of immovable property in auction. The learned counsel submitted that producing the certificate of sale, application will have to be filed by the decree holder bank in a court of competent jurisdiction and it is for the court to issue proper process for putting the purchaser in possession. The learned counsel submitted that in the present case as influenced by the second respondent decree holder, the first respondent Sub Inspector of Police is about to evict the petitioner. Sri.Vipindas, the learned Government Pleader submitted that there is no attempt or assistance on the part of the first respondent Sub Inspector to evict the petitioner from any property other than through the procedure established by law. The learned Government Pleader assured us that in the absence of any process or direction issued by a competent court, the police will not W. P. C. No.18158 of 2011 -3- render any assistance to the second respondent. In view of the above stand taken by the police, we close this Writ Petition recording the submissions of the learned Government Pleader. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-