IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 15479 of 2005(P) --------------------------------------- PETITIONER: ------------------- K.T.BALAKRISHNAN NAMBIAR, S/O.VASUDEVAN, AGED 59 YEARS, AGRICULTURIST, KUNIYIL HOUSE, KANDAMKUNNU AMSOM, NEERVELI DESOM, THALASSERY TALUK. BY ADV. SRI.K.V.PAVITHARAN, SRI.M.P.JAYANANDAN. RESPONDENTS: ------------------------ 1. THALASSERY PRIMARY CO-OP. AGRICULTURAL DEVELOPMENT BANK LTD.,THALASSERY 3, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, THALASSERY PRIMARY CO-OP. AGRICULTURAL DEVELOPMENT BANK, OFICE OF THE SALE OFFICER, P.O.THALASSERY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCEITIES, KANNUR P.O. KANNUR. R1 & R2 BY ADV. SRI.P.V.SURENDRANATH, ADV.SRI.V.A.ABDUL JALEEL, ADV.SRI.P.M.MANOJ (KANNUR). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15479/2005-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RECEIPT DTD. 19/06/1995. EXT.P.2: COPY OF THE LOAN RECEIPT DTD. 19/06/1995. EXT.P.3: COPY OF THE RECEIPT DTD. 30/06/1995. EXT.P.4: COPY OF THE RECEIPT DTD. 14/12/2004. EXT.P.5: COPY OF THE RECEIPT DTD. 31/12/2004. EXT.P.6: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 30/11/2004. EXT.P.7: COPY OF THE NOTICE ISSUED BY THE R.3. DTD. 11/04/2005. EXT.P.8: COPY OF THE NOTICE ISSUED BY THE R.2. DTD. 11/05/2005. EXT.P.9: COPY OF THE DISCHARGE CERTIFICATE ISSUED, KASTURBA HOSPITAL, MANIPAL, KARNATAKA DTD. 24/04/92. EXT.P.10: COPY OF THE LETTER ISSUED BY THE SECRETARY, THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, THALASSERY, DTD. 12/12/2007. EXT.P.11: COPY OF THE LETTER ISSUED BY THE THALASSERY PRIMARY CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO. F. 1030 DTD. 14/12/2007. RESPONDENT'S EXHIBITS: EXT.R1.A: COPY OF THE ORDER DTD. 04/10/1995 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR. EXT.R1.B: COPY OF THE CERTIFICATE DTD. 14/02/1996 ISSUED BY THE SALE OFFICER. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15479 OF 2005 ------------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT The petitioner suffered an arbitration award at the instance of the first respondent. That led to sale of the property in execution. First respondent purchased the property and the sale is confirmed. The request of the petitioner in this writ petition is essentially one for re-conveyance of the property to him by the first respondent. First respondent has placed a counter affidavit on record way back in 2005, showing the outstandings for which it would re-convey the property. 2. There is no legal ground on which this Court could compel the first respondent to re-convey the property. That is a matter which has to lie entirely within the discretion of the first respondent, an institution in the co-operative sector. 3. As per Ext.P11, it is shown that the bank had called the petitioner for certain negotiations on the basis of his request. It WPC.15479/05 Page numbers is stated by the learned counsel for the bank that the bank has advised the petitioner that it may not be proper for it to take any decision during the pendency of this writ petition. In the aforesaid circumstances, while rejecting the contention of the petitioner, this writ petition is disposed of directing that the first respondent may, in its wisdom, take such decision as may be necessary in accordance with law, and extend to the petitioner with any ameliorative benefits which it may deem fit and proper on the facts and circumstances of this case. Having invited the petitioner as per Ext.P11, the first respondent will consider the case of the petitioner. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.