Mahin vs Sale Officer
2021 Latest Caselaw 20677 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 14868 OF 2010
PETITIONER/S:

    1     MAHIN K, S/O ABDULLA, SHIHAB MANZIL
          KADAPALLAM, KOLIYADUKKAM, PERMBALA P.O.,,
          KALANADU (VIA), KASARAGOD DISTRICT.

    2     N.P.SOUDABI, W/O. MAHIN K.,SHIHAB MANZIL
          KADAPPALLAM, KOLIYADUKKAM, PERMBALA P.O.,,
          KALANADU (VIA), KASARAGOD DISTRICT.

          BY ADVS.
          SMT.P.K.PRIYA
          SRI.K.V.SREE VINAYAKAN


RESPONDENT/S:

    1     THE SALE OFFICER
          SENIOR INSPECTOR/SPECIAL SALE OFFICER,
          THE KASARAGOD, PRIMARY CO-OP AGRICULTURAL AND RURAL,
          DEVELOPMENT BANK, KASARAGOD P.O., KASARAGOD DISTRICT.

    2     THE SECRETARY,
          THE KASARAGOD PRIMARY CO-OP AGRICULTURAL AND RURAL
          DEVELOPMENT BANK, KUNDANKUZHI BRANCH,
          KASARAGOD DISTRICT.

    3     JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, VIDYA NAGAR P.O., KASARAGOD.

    4     KERALA STATE FARMERS DEBT RELIEF
          COMMISSION, THIRUVANANTHAPURAM.

          BY ADVS.
          SRI.PUSHPARAJAN KODOTH, SC
          SRI.T.SETHUMADHAVAN
          SRI.K.M.FAISAL ,GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.10.2021, ALONG WITH WP(C).2626/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.14868/2010, 2626/2011]     ..2..


        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                 WP(C) NO. 2626 OF 2011
PETITIONER/S:
1    MAHIN K, S/O ABDULLA, SHIHAB MANZIL
     KADAPALLAM, KOLIYADUKKAM, PERMBALA P.O.,,
     KALANADU (VIA), KASARAGOD DISTRICT.

2    N.P.SOUDABI, W/O. MAHIN K.,SHIHAB MANZIL
     KADAPPALLAM, KOLIYADUKKAM, PERMBALA P.O.,,
     KALANADU (VIA), KASARAGOD DISTRICT.

     BY ADVS.
     SMT.P.K.PRIYA
     SRI.K.V.SREE VINAYAKAN


RESPONDENT/S:
1    THE SALE OFFICER
     SENIOR INSPECTOR/SPECIAL SALE OFFICER,
     THE KASARAGOD, PRIMARY CO-OP AGRICULTURAL AND
     RURAL DEVELOPMENT BANK, KASARAGOD P.O.,
     KASARAGOD DISTRICT 671 121

2    THE SECRETARY,
     THE KASARAGOD PRIMARY CO-OP AGRICULTURAL AND RURAL
     DEVELOPMENT BANK, KUNDANKUZHI BRANCH,
     KASARAGOD DISTRICT - 671 121

3    JOINT REGISTRAR OF CO-OPERATIVE
     SOCIETIES, VIDYA NAGAR P.O., KASARAGOD - 671 123

4    KERALA STATE FARMERS DEBT RELIEF COMMISSION,
     THIRUVANANTHAPURAM, REP. BY SECRETARY,
     THIRUVANANTHAPURAM

     BY ADVS.SRI.PUSHPARAJAN KODOTH
             SRI.T.SETHUMADHAVAN
     SRI.K.M.FAISAL ,GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 05.10.2021, ALONG WITH WP(C).14868/2010, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 [WP(C) Nos.14868/2010, 2626/2011]   ..3..




                      JUDGMENT

The learned Standing Counsel for the 2nd

respondent Bank submits that the amounts covered by

Exts.P6 and P7 in W.P.(C) No.14868/2010 and Exts.P14

and P15 in W.P.(C) No.2626/2011 have been cleared by

the petitioners and E.P.Nos.250/2005-06 and

253/2005-06 have also been closed. Therefore, nothing

survives for consideration in this writ petition and

recording the said submission of the 2nd respondent,

the writ petitions are closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/05/10/2021 [WP(C) Nos.14868/2010, 2626/2011] ..4..

APPENDIX IN WPC NO.14868/2010

PETITIONERS EXHIBITS:

EXT.P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT IN C.M.P.2181/2009

EXT.P2 THE TRUE COPY OF THE RECEIPT WITH RESPECT TO THE PAYMENT DATED 17.6.2009

EXT.P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT IN C.M.P.2182/2009

EXT.P4 THE TRUE COPY OF THE RECEIPTS WITH RESPECT TO THE PAYMENT MADE BY THE 2ND PETITIONER ON 7.9.09

EXT.P5 THE TRUE COPY OF THE RECEIPTS WITH RESPECT TO THE PAYMENT MADE BY THE 2ND PETITIONER ON 30.06.09

EXT.P6 THE TRUE COPY OF THE NOTICE DATED 23.4.2010 ISSUED TO THE 1ST PETITIONER

EXT.P7 THE TRUE COPY OF THE NOTICE DATED 23.4.2010 ISSUED TO THE 2ND PETITIONER.

[WP(C) Nos.14868/2010, 2626/2011] ..5..

APPENDIX IN WPC NO.2626/2011

PETITIONERS EXHIBITS:

EXT.P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT IN C.M.P2181/2009

EXT.P2 THE TRUE COPY OF THE RECEIPT WITH RESPECT TO THE PAYMENT DATEAD 17.6.09

EXT.P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT IN C.M.P.2182/2009

EXT.P4 THE TRUE COPY OF THE RECEIPTS WITH RESPECT TO THE PAYMENT MADE BY THE 2ND PETITIONER ON 7.9.09

EXT.P5 THE TRUE COPY OF THE RECEIPTS WITH RESPECT TO THE PAYMENT MADE BY THE 2ND PETITIONER ON 30.6.09

EXT.P6 THE TRUE COPY OF THE NOTICE DATED 23.4.10 ISSUED TO THE 1ST PETITIONER

EXT.P7 THE TRUE COPY OF THE NOTICE DATED 23.4.10 ISSUED TO THE 2ND PETITIONER

EXT.P8 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT IN APPLICATION NO.456605/09/KASARAGOD DATED 25.3.10 IN RESPECT OF THE CASE FILED BY THE 1ST PETITIONER

EXT.P9 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT IN APPLICATION NO.456606/09/KASARAGOD DATED 25.3.10 IN RESPECT OF THE CASE FILED BY THE 2ND PETITIONER

EXT.P10 THE TRUE COPY COMMUNICATION ISSUED BY THE AUDITOR OF THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 4.8.10

EXT.P11 THE TRUE COPY COMMUNICATION ISSUED BY THE AUDITOR OF THE 2ND RESPONDENT TO THE 2ND PETITIONER

EXT.P12 TRUE COPY OF OBJECTION SUBMITTED BY THE 1ST PETITIONER DATED 7.9.10

EXT.P13 TRUE COPY OF THE SALE NOTICE ISSUED BY THE SALE OFFICER TO THE 1ST PETITIONER [WP(C) Nos.14868/2010, 2626/2011] ..6..

EXT.P14 TRUE COPY OF THE SALE NOTICE ISSUED BY THE SALE OFFICER TO THE 1ST PETITIONER

EXT.P15 TRUE COPY OF THE SALE NOTICE ISSUED BY THE SALE OFFICER TO THE 2ND PETITIONER