IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 6482 of 2006(V) ------------------------- PETITIONER(S): --------------- KUNNUMMA VASU, S/O.KUNJONAKKAN, AGED 67 YEARS, RESIDING AT KOLARI.P.O, PARIYARAM, MATTANNUR VIA., KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR. 3. TELLICHERRY AGRICULTURAL DEVELOPMENT BANK LTD., NO.F.1030, REP. BY ITS SECRETARY, TELLICHERY. 4. P.I.GEORGE, THOM NIVAS, PANTHAKKAL P.O.MAHE. ADV. SRI.P.V.SURENDRANATH FOR R3 SRI.V.A.ABDUL JALEEL FOR R3 SRI.K.V.PAVITHRAN FOR R4 SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL FOR R4 GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 6482 of 2006 Appendix Ext.P1: True copy of the notice dated 12.10.1994 issued by the Sale Officer to the petitioner. Ext.P2: True copy of the representation dated 9.12.1994 submitted by the petitioner before the Sale Officer. Ext.P3: True copy of the communication E.P. No. 22/94-95 dated 9.12.1994 sent by the Sale Officer to the Petitioner. Ext.P4: True copy of the judgment in O.P. 239 of 1995 dated 23.9.2005. Ext.P5: True copy of the representation submitted by the petitioner before the bank. Ext.R4(a): true copy of the receipt showing payment of Rs. 3,500/- on 9.12.1994. Ext.R4(b): true copy of the receipt proving payment of Rs. 18,700/- on 22.12.1994. //True copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C)No.6482 of 2006 ---------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Petitioner availed a loan of Rs. 11,550/- from the 3rd respondent bank for pineapple cultivation. The petitioner defaulted the instalments and therefore the 3rd respondent bank initiated proceedings for recovery of the amount due, by the sale of the mortgaged property belonging to the petitioner. Consequently the 3rd respondent Bank sold the mortgaged property which is having an extent of 50 Cents to the 4th respondent for a consideration of Rs. 25,000/- 2. According to the petitioner the property will fetch Rs.5,000/- per Cent . Therefore the property worth Rs. 2,50,000/- (Rupees Two lakhs and Fifty thousand only) which was sold for a meagre amount of Rs.25,000/- by the 3rd respondent bank. 3. Challenging the said act of the 3rd respondent bank the petitioner filed O.P 239/1995 before this Court. An opportunity was granted to the petitioner to remit the amount within the time limit granted by this Court. But he failed to pay the amount. That original Petition was disposed of holding that the judgment will not stand in the way of the petitioner approaching the 3rd respondent bank along with the 4th respondent herein for otherwise settling the issue. 4. When the matter was taken up for final hearing this Court explored the possibility of a settlement. This Court directed the parties to appear before this Court. Accordingly the parties appeared. The petitioner offered to pay the entire amount with interest to the 4th respondent and he W.P.(C)No.6482 of 2006 -2- requested this Court to release his property. The 4th respondent submitted that he had purchased the property for the purpose of constructing a house and therefore he is not willing to accept the amount offered by the petitioner . After a prolonged discussion, the 4th respondent agreed to retain 30 Cents of land and offered to release the balance property to the petitioner. Finally the petitioner suggested that he may be permitted to take back 25 cents of land instead of 20 Cents. After taking into consideration the respective contentions and offers of petitioner and 4th respondent this Court suggested the 4th respondent to release 22 Cents. The 4th respondent agreed to the said suggestion. The property shall be measured , the respective shares shall be earmarked and release to the parties. The 4th respondent shall approach the bank for getting the sale certificate for 28 Cents of land within a period of 30 days from the date of receipt of a copy of this judgment. 5. The 4th respondent requested this Court to earmark his share from the western portion of the property with road frontage . The sale officer shall consider the lie , situation of the property and taking into account the convenient enjoyment of the 4th respondent, earmark the share of the 4th respondent. He shall give an opportunity to 4th respondent to choose his portion of the property. This writ petition is disposed of . (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C)No.6482 of 2006 ---------------------------- JUDGMENT 8th April, 2009