IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16887 of 2008(I) --------------------------------------- PETITIONER: --------------------- SALIM, AGED 48 YEARS, SON OF MYTHEEN MOONIKKATTIL HOUSE, NJARAKKAD KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: ------------------------- 1. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, ERNAKULAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. KADAVORE SERVICE CO-OPERATIVE BANK BY ITS SECRETARY, KADAVOOR, KOTHAMANGALAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.16887 of 2008 ================================== Dated this the 6th day of June, 2008. JUDGMENT Heard the learned counsel for the petitioner and the learned senior Government Pleader for respondents 1 and 2. In the nature of the order being issued hereunder, notice to the third respondent is disposed with preserving his right to seek for review of the judgment, if aggrieved. 2. Petitioner availed a loan from the third respondent. He failed to repay. Recovery proceedings were initiated. The property was sold in auction for an amount of Rs.2,80,000/- on 1-12- 2003. On 13-4-2004, the competent authority also executed document passing on title of the property to the third respondent. Petitioner thereafter was able to get the assistance of some of his relatives and attempted to get back the property which is WPC16887/2008 -:2:- about 56 cents of dry land. Petitioner states that he is an unemployed youth. He filed a representation before the Minister for Co- operation. That was sent down to the Joint Registrar. Since that representation was placed through Sri.T.V.Kuruvila, M.L.A., the Joint Registrar (General) made an enquiry and replied to Sri.T.V.Kuruvila stating that no action is possible through the Joint Registrar because, the general body of the society was not approached by the petitioner and the general body has not taken any decision authorizing re-conveyance of the property. In my considered view, whatever is stated in Ext.P2 only shows that the co-operative society is taking the stand completely in accordance with law. The primary authority to decide re-conveyance of the property is the general body of the society. 3. As of now, the petitioner attempts to get back the property without causing any loss to the WPC16887/2008 -:3:- society. Having regard to the purpose for which co-operative societies are registered and in view of the situation of the petitioner where he appears to be bona fide asking for a re-conveyance, it is most appropriate that the competent authority in the society places any written request of the petitioner before the general body of the society for consideration and it will be only for the general body to decide as to whether the request of the petitioner should be allowed. I am sure that the society, through the general body, will take a sympathetic approach, consider re-conveying on such reasonable terms as may be fixed by the society. However, the petitioner has also to show the bona fides in making such a request. 4. In the aforesaid circumstances, it is directed that, if the petitioner shows to the Secretary of the third respondent an amount of Rs.3,00,000/- in a suspense account or in a fixed WPC16887/2008 -:4:- deposit in the name of the petitioner and moves appropriate application for the purpose stated above, the Secretary of the society shall place it before the general body for considering re- conveyance of the property to the petitioner. If necessary, the general body will also give the petitioner an opportunity of being heard. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl/6/6/08