IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 18830 of 2006(N) --------------------------------------- PETITIONER: ------------------- D.SATHYANESAN, S/O.DEVADASAN, AGED 42 YEARS, RESIDING AT VATAVAILA, SATHIYA BHAVAN, PUNALAL, PERUMKULAM VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR). RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SPECIAL ARBITRATOR CUM SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., REGIONAL OFFICE, VANCHIYOOR, TRIVANDRUM. 4. THE POOVACHAL RURAL HOUSING CO-OPERATIVE SOCIETY NO.355, POOVACHAL P.O., TRIVANDRUM, REPRESENTED BY ITS SECRETARY. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1 TO R3, ADV. SRI.V.N.GOPALAKRISHNAN NAIR FOR R4, ADV. SRI.G.ARUN FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18830/2006-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AUCTION SALE NOTICE ISSUED BY THE R.3. TO THE PETITIONER DTD. 19/03/2002. EXT.P.2: COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE R.3. DTD. 20/04/2002. EXT.P.3: COPY OF THE JUDGMENT IN O.P. NO. 11676/2002 PASSED BY THE HONOURABLE HIGH COURT OF KERALA DTD. 17/11/2004. EXT.P.4: COPY OF THE SALE NOTICE ISSUED BY THE R.3. TO THE PETITIONER DTD. 04/05/2006. EXT.P.5: COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE R.4. DTD. 22/05/2006. EXT.P.6: COPY OF THE COMMUNICATION ISSUED BY THE R.4. TO THE PETITIONER DTD. 01/06/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 18830 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The issue raised in this writ petition pertains to the recovery steps initiated by the respondent Bank. In view of the intervening developments in case the petitioner has still any grievance left, he may approach the Bank itself. It is made clear that in case the petitioner does not co-operate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. (KURIAN JOSEPH, JUDGE) ttb