IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 9082 of 2004(F) ------------------------- PETITIONER: ----------------- GEORGE YOHANNAN, AGED 60 YEARS, S/O. LATE GEORGE, POOVANNUVILA THEKKETHIL, VAZHAMUTTAM EAST P.O. VALLICKODE VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENTS: ---------------------- 1. MYLAPRA SERVICE CO-OPERATIVE BANK MYLAPRA, P.O. PATHANAMTHITTA DISTRICT, REP. BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCEITES (GENERAL) PATHANAMTHITTA. 3. THE INSPECTOR OF CO-OPERATIVE SOCIETIES (SALE OFFICER) ARBITRATION AND EXECUTIVE, PATHANAMTHITTA. 4. ABRAHAM K.MATHEW, KOIPPURATHU VEEDU, CHEENKATHADAM P.O. KUMBAZHA MURI, MYLAPRA VILLAGE, PATHANAMTHITTA DIST. 5. DAISY ABRAHAM, W/O.ABRAHAM K.MATHEW, KOIPPURATHU VEEDU, CHEENKATHADAM P.O. KUMBAZHA KUMBAZHA MURI, MYLAPRA VILLAGE, PATHANAMTHITTA DISTRICT. 6. ALEYAMMA MATHAI, KOIPPURATHU VEEDU, CHEENKATHADAM P.O. KUMBAZHA MURI, MYLAPRA VILLAGE, PATHANAMTHITTA DISTRICT. R2, R3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN R1 BY ADV. SRI.P.RAVINDRAN (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SANE DAY DELIVERED THE FOLLOWING: W.P.(C).9082/2004-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AUCTION ADVERTISEMENT DATED 10/02/2004 IN FORM NO.8. EXT.P2: COPY OF AN AUCTION ADVERTISEMENT DATED 10/02/2004 PUBLISHED BY 3RD RESPONDENT CONTAINING THE NAMES OF 9 DEFAULTERS INCLUDING THE PETITIONER. EXT.P3: COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT DATED 13/02/2004 TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 1ST RESPONDENT DATED 11/03/2004. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 2ND RESPONDENT DATED 11/03/2004. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 3RD RESPONDENT DATED 11/03/2004. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.9082 of 2004-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT 1.Perused the writ petition and the counter affidavit. 2.Petitioner contends that he was a surety for a loan availed by respondents 4 and 5. He challenges the action taken for realization of dues under that loan on the ground that the impugned proceedings are contrary to law. 3.A counter affidavit has been filed by the first respondent bank traversing the contentions in the writ petition and also stating the relationship between the petitioner and respondents 4 to 6, to point out that the writ petition is a collusive exercise to avoid enforcement of an award passed under the Kerala Co-operative Societies Act, WP(C)9082/2004 -: 2 :- 1969. There is no reply affidavit on record. Having regard to the materials as noticed above, I do not find any legal infirmity or jurisdictional error in the impugned proceedings. The writ petition fails. The same is accordingly dismissed, however directing that any amount paid by the petitioner on the strength of the interim orders in this case will be given due credit to, while recording discharge, satisfaction and due execution of the award. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708