IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 30TH MARCH 2007 / 9TH CHAITHRA 1929 WP(C).No. 7750 of 2007(V) ------------------------- PETITIONER: ------------ M.K.BHASKARAN, S/O.KUNJAPPU, RESIDING AT MAYANNA POTTA, EDUPPUKULAM P.O., PALAKKAD. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENTS: ------------- 1. THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, NO.F-1029, REPRESENTED BY ITS SECRETARY, PALAKKAD - 678 014. 2. THE SALES OFFICER (THE JUNIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, PALAKKAD), THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, NO.F-1029, PALAKKAD - 678 014. 3. P.N.NARAYANAN, S/O.PONNU, RESIDING AT MUTHIRAMPALLAM, ELAPULLY P.O., PALAKKAD. BY ADV. SRI.T.K.CHINNAN GOVT.PLEADER SRI.BASANT BALAJI SC SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No. 7750 /2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE ISSUED BY THE BANK TO THE WRIT PETITIONER DATED 14-3-2006 EXT.P2. TRUE COPY OF THE SALE NOTICE ISSUED BY THE BANK TO THE THIRD RESPONDENT DATED 4-12-1999 EXT.P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONER TO THE BANK DATED 26-2-2007 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C)No.7750 of 2007 ----------------------------------------- Dated this the 30th day of March, 2007 JUDGMENT The writ petition is filed with the following prayers:- (i) issue a writ in the nature of mandamus directing respondents 1 and 2 to consider Ext.P3 on merits after due notice to the writ petitioner as well as the third respondent expeditiously. (ii) issue a writ in the nature of mandamus directing respondents 1 and 2 to sell the property of the third respondent first in order to release the property of the writ petitioner pledged. There will be a direction to the first respondent to look into Ext.P3 with notice to the petitioner and the 3rd respondent and take appropriate action thereon in accordance with law within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg.