IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 24690 of 2010(I) -------------------------- PETITIONER(S): --------------- VALSALA, W/O.LATE VELAYUDHAN, THOAIKAVIL THEKKOOTTU HOUSE, KARAMUCH VILLAGE, (PO) KANDASSAMKADAVU, THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------- THE SPECIAL SALE OFFICER, AYYANTHOLE SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, AYYANTHOLE(PO), THRISSUR DISTRICT. PIN-680 003. *ADDL.R2 IMPLEADED: ADDL.R2. THE SECRETARY, KARAMUKKU SERVICE CO.OP. BANK LTD. NO.16, KANDASSANKADAVU (PO), THRISSUR DISTRICT IS IMPLEADED AS ADDL. 2ND RESPONDENT AS PER ORDER DATED 4.10.10 IN IA 13510/10. GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.C.E.UNNIKRISHNAN FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.24690 of 2010 ----------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The prayer in this writ petition is to quash Ext.P2 letter sent by the first respondent to the petitioner informing her that he is not competent to pass orders on Ext.P1 petition filed by the petitioner under rule 83 of the Kerala Co-operative Societies Rules to set aside the sale conducted by him on 28.4.2010. The land belonging to the petitioner was sold in public auction on 28.4.2010 pursuant to an award passed by the Assistant Registrar of Co-operative Societies on 30.1.2003 in ARC No.4349/2002 filed by the Karamuck Service Co-operative Bank. 2. The first respondent has filed a counter affidavit to the effect that the property was put up for sale after the petitioner was given four opportunities to avoid the attachment and sale, that the sale proclamation dated 16.3.2010 was published in the Deshabhimani daily dated 20.4.2010, that the upset price was fixed at Rs.2 lakhs and that in the auction the property fetched Rs.3,21,000/-. The Secretary of the Bank has, in the affidavit W.P(C).No.24690 of 2010 -:2:- filed in support of I.A.No.13510 of 2010, the application filed by the Bank for getting itself impleaded as the additional second respondent in the writ petition, stated that before the property was brought to sale Ext.R2(a) notice dated 16.3.2010 had been served on her and that the sale was conducted after following the prescribed procedure. 3. It is evident from the materials on record that the petitioner's property was sold in execution of an award on 28.4.2010. Under rule 83 of the Kerala Co-operative Societies Rules an application to set aside the sale on the ground of irregularity or fraud has to be filed within thirty days from the date of sale to the Registrar. Ext.P1 application is one submitted before the Sale Officer himself. In such circumstances as the application for setting aside the sale has not been presented before the Registrar or the person empowered or authorised to exercise the powers of the Registrar, I am of the opinion that the stand taken by the first respondent in Ext.P1 cannot be faulted. The first respondent had no power nor authority to entertain Ext.P1 and to pass orders thereon setting aside the sale or to hold that no grounds exist to set aside the sale. He has therefore, rightly informed the petitioner that he is not W.P(C).No.24690 of 2010 -:3:- empowered or competent to consider the said application. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.24690 of 2010 ---------------------------- JUDGMENT 6th January, 2011