IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 26022 of 2004(W) -------------------------- PETITIONER: ------------ T.RAJU, AGED 44 YEARS, S/O. LATE KOCHUTHEVAN, ATTUPURATHTHAZHCHAYIL, PERUNNA WEST, PANACHIKAVU P.O., CHANGANACHERRY. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. THE SPECIAL SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHANGANACHERRY. 3. THE CO-OPERATIVE URBAN BANK LTD.NO.3195, CHANGANACHERRY, REPRESENTED BY THE SECRETARY. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH SRI. JOMY GEORGE, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26022 of 2004(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PURCHASE CERTIFICATE DTD. 9.4.1973. EXT.P2: TAX RECEIPT OF EXT.P1 DTD. 1.9.2004. EXT.P3: NOTICE ISSUED TO THE PETITIONER'S BROTHER FOR EVICTION DTD. 5.8.2004. EXT.P4: PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DTD. 24.8.2004. RESPONDENT'S EXHIBITS: NIL. ... // TRUE COPY // P.A. TO JUDGE. S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 26022 OF 2004 = = = = = = = = = = = = = Dated this the 28th day of May, 2008. J U D G M E N T The petitioner's grievance in this writ petition is that for recovery of loan amounts due from his brother, who has mortgaged his property which lies adjacent to the petitioner's property, the petitioner's is being proceeded against. When it was pointed out to the learned counsel for the petitioner that this Court cannot in proceedings under Article 226 resolve the dispute as to the identity of the property, the learned counsel for the petitioner submits that the 2nd respondent may be directed to consider the matter in the light of the averments in the writ petition and decide as to the identity of the property before proceeding with the action. If the petitioner approaches the 2nd respondent with a suitable representation, the 2nd respondent shall look into the complaint of the petitioner and take appropriate decision in accordance with law. The interim order passed will continue for a period of two months for this purpose. The 2nd respondent shall pass final orders in the matter within the said two months. The above directions are subject to the condition that the petitioner files the representation within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-