IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 OP.No. 19831 of 1999(J) --------------------------- PETITIONER: -------------- KULATHUPUZHA GRAMA PANCHAYAT, REP. BY ITS JUNIOR SUPERINTENDENT IN CHARGE, KULATHUPUZHA. BY MR.C.J.JOY, ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA STATE CO-OPERATIVE BANK LTD., REP. BY ITS MANAGING DIRECTOR, CO-OPERATIVE BANK TOWERS, THIRUVANANTHAPURAM. 2. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR, CO-OPERATIVE DEPARTMENT, VANCHIYOOR, THIRUVANANTHAPURAM. 4. SPECIAL SALE OFFICER, DISTRICT CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. ADDL.R5. MANOHARAN NAIR.R, S/O. RAMAKRISHNA PILLAI, NELLIYADU PUTHENVEEDU, IGAMOM, PARASSALA P.O. IS IMPLEADED AS ADDL.R5 AS PER ORDER DTD. 15.11.07 IN I.A.15199/06. BY MR.KOSHY GEORGE, ADVOCATE, FOR R1 MR.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE, FOR R2 MR.M.R.SUDHEENDRAN, ADVOCATE. MR.A.J. VARGHESE, SR. GOVERNMENT PLEADER FOR R3 & R4 SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 19831/1999 Order on C.M.P.No.32764/1999 in O.P.No.19831/1999 Closed. 31.05.2010 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the LEGAL OPINION DTD. 30.3.99. EXT. P2 : COPY OF THE ATTACHMENT ORDER DTD. 19.7.99. EXT. P3 : COPY OF CLAIM PETITION DTD. 22.7.99 FILED BY THE PETITIONER. EXT. P4 : COPY OF THE PETITION BEFORE THE 3RD RESPONDENT BY THE PETITIONER DTD. 22.7.99. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF the AFFIDAVIT ISSUED BY R. MANOHARAN NAIR DTD. 1.4.89. EXT. R2(b) : COPY OF LETTER No.IAID/IL/299/10734/88-89 DTD. 23.6.89 SUBMITTED BY R1 TO R2. EXT. R2(c) : COPY OF NOTICE DTD. 1.7.89 PUBLISHED IN KERALA KAUMUDI DAILY DTD. 3.7.89 BY R2. EXT. R2(d) : COPY OF AGREEMENT OF LOAN AND HYPOTHECATION DTD. 25.10.89. EXT. R2(e) : COPY OF LETTER ISSUED BY MANOHARAN NAIR TO R1 AS A PERSON OFFERING COLLATERAL SECURITY DTD. 27.10.89. EXT. R2(f) : COPY OF PERSONAL GUARANTEE TO BE EXECUTED BY THE PARTNERS DTD. 25.10.89 TO R1. EXT. R2(g) : COPY OF MEMORANDUM OF MORTGAGE BY DEPOSIT OF TITLE DEEDS DTD. 25.10.89. EXT. R2(h) : COPY OF THE ECNo.357/99 DTD. 16.7.99 OF KULATHUPUZHA SRO. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P.No.19831 OF 1999 --------------------------------------- Dated this the 31st day of May, 2010. J U D G M E N T The petitioner herein is a Grama Panchayath. The challenge raised by the petitioner is against the notice issued as per Exhibit P2 by the Sale Officer of the 2nd respondent Bank attaching certain properties purchased by the petitioner, from the additional 5th respondent. 2. It is the case of the petitioner that as a bonafide purchaser, the petitioner's claim with regard to the property has to be allowed. The petitioner has filed Exhibit P4, an application styled as a claim petition, seeking to release the attachment, before the Joint Registrar of Co-operative Societies. 3. The respondents 2 and 4 have filed a detailed counter affidavit in the matter. I am not going to the merits of the contentions of the matter since it is submitted at the Bar that ARC No.22/1996 is still pending before the Joint Registrar of Co- operative Societies without any progress. O.P. No.19831/1999 2 In that view of the matter, there will be a direction to the Joint Registrar of Co-operative Societies who is seized of the matter to dispose of ARC No.22/1996 within a period of five months from the date of receipt of a copy of this judgment. While disposing of the matter, the claim petition filed by the petitioner will be considered and the petitioner will also be heard. The petitioner can produce all the documents and adduce any other evidence which they rely upon to prove their title to the property attached. This original petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp