IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 26137 of 2008(J) ---------------------------------------- PETITIONER: ------------------- T.T.ANIRUDHAN,S/O THANKAPPAN, THOTTIPUTHENPURAYIL HOUSE, PADINJARAE KODIKKULAM POST, THODUPUZHA TALUK. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ------------------------ 1. THE SPECIAL SALE OFFICER, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., NO. 4388 AT THODUPUZHA. 2. THE SECRETARY THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD NO. 4388 AT THODUPUZHA. 3. THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD NO. 4388 AT THODUPUZHA REPRESENTED BY ITS SECRETARY. 4. SINDHU, W/O K.G. BIJU, NIRATHEL HOUSE, PERUMBLLOOR KARA, ARAKUZHA POST, MUVATTUPUZHA. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, IDUKKI DISTRIDT PYNAVU POST. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR-R1 & R5 ADV. SRI.P.V.BABY FOR R2 & R3 SRI.R.KIRAN FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26137 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. JUDGMENT The petitioner bid an item of property in an auction conducted by the first respondent in connection with a debt of one Sri.K.G.Biju. The third respondent bank is sued in this writ petition on the contention that in spite of the sale, appropriate documents are not executed in favour of the petitioner. The third respondent states through its learned counsel that the wife of Biju has obtained an order of attachment over the property in question, which was not brought to the knowledge of the third respondent at the time of sale and after the said attachment, the bank had challenged the attachment and the matter is now pending before the Division Bench. Without prejudice to the petitioner's right, if any, to WP(C)26137/08 -: 2 :- join those proceedings and seek appropriate relief, this writ petition is closed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300908