IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 33974 of 2010(V) -------------------------- PETITIONER(S): --------------- S.V.ASHOK KUMAR, S/O.VANGIDACHALAM,ANACKAPPARA KARA, ANCHUMURTHI PO,PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: --------------------- 1. THE VADAKKANCHERY CO-OPERATIVE SERVICE BANK LTD, REPRESENTED BY ITS SECRETARY, VADAKKANCHERY, PALAKKAD DISTRICT - 678 001. 2. THE SPECIAL SALE OFFICER, KANNAMBARA STATE CO-OPERATIVE BANK GROUP, ALATHUR - 678 541. ADV. SRI.P.B.SURESH KUMAR FOR R2 SRI.K.N.SASIDHARAN NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN WPC NO.26800/2009 BEFORE THIS HON'BLE COURT DTD.23.10.2009. EXT.P2 TRUE COPY OF THE RECEIPT NO.7034 DTD.9.11.2009 ISSUED BY THE IST RESPONDENT BANK ALONG WITH THE TRUE COPY OF THE PASS BOOK OF THE PETITIONER. EXT.P3 TRUE COPY OF THE NTOICE DTD.19.11.2009 ISSUED BY THE IST RESPONDENT. EXT.P4 TRUE COPY OF THE JUDGMENT IN WPC NO.34832/2009 OF THIS HON'BLE COURT DTD.27.1.2010. EXT.P5 TRUE COPY OF THE STATEMENT ISSUED BY THE IST RESPONDENT BANK DTD.3.5.2010. EXT.P6 TRUE COPY OF THE REPRESENTATION ADDRESSED TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD TD. 7.6.2010. EXT.P7 TRUE COPY OF THE REPLY GIVEN BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DTD. 6.8.2010. EXT.P8 TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 2ND RESPONDENT DTD.27.9.2010. TRUE COPY P.S.TO JUDGE CSS/ K.SURENDRA MOHAN, J. ------------------------------------------- WPC No.33974 of 2010 ------------------------------------------- Dated this the 26th July, 2011 JUDGMENT It is submitted by the counsel for the first respondent bank that the entire amount due to the bank has been paid by the petitioner under the One Time Settlement Scheme and that no further amounts are payable by the petitioner to the bank at present. It is also submitted that though the bank had scheduled an auction to sell the property of the petitioner, no such auction was actually conducted. Therefore, the petitioner is still in possession and enjoyment of the said property. Since the amount due to the bank has already been paid, it is submitted that there is no subsisting charge on the said property at present. 2. In view of the above, no further orders are called for in this Writ Petition. This Writ Petition is accordingly closed recording the above submissions of the counsel for the first respondent. sd/- K.SURENDRA MOHAN, JUDGE css/ true copy p.s.to judge