IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 16020 of 2009(V) -------------------------- PETITIONER(S): --------------- SURESH.P.S., AGED 28 YEARS, S/O.THE LATE SUKUMARAN, PALISSERY HOUSE, P.O.MUNDUR, KAROOR, THRISSUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 2. THE SPECIAL SALE OFFICER, THE COCHIN CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD.NO.329, THRISSUR-4. 3. THE COCHIN CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.329, REPRESENTED BY ITS SECRETARY, THRISSUR-4. ADV. SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.16020 OF 2009 ------------------------ Dated this the 12th day of June, 2009. JUDGMENT Heard the counsel for the petitioner and the standing counsel appearing on behalf of the 3rd respondent and also the Government Pleader appearing for respondents 1 and 2. 2. Petitioner is the son of Late Sukumaran who had availed of a loan from the 3rd respondent Bank. Ext.P1 is the certificate which certifies that the loanee expired on 12.8.2007. It is stated that the loanee had a wife and three children and petitioner is one among the children. It is stated that they were served Ext.P2 notice for realization of the dues that the deceased owe to the 3rd respondent bank. According to the petitioner the said notice was not preceded by any other proceedings with notice to the legal representatives including those in compliance with Rule 74 (4) of the Kerala Co-operative Societies Rules. It s on this basis the proceedings are challenged. WP(c).No.16020/09 2 3. Standing Counsel appearing for the respondent Bank also concedes to the position that notice was not given to all legal heirs. If that be so, I cannot hold that the procedure under Section 74(4) has been complied with. In view of this, the steps culminating in Ext.P2 will stand adjourned and should be resumed only after complying with the statutory requirements. Petitioner undertakes that he will furnish names and address of the legal heirs to the bank within one week from today and I record this submission. The writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.16020/09 3