M.S.Vasavan vs The Assistant Registrar ...
2022 Latest Caselaw 9502 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 27496 OF 2022
PETITIONERS:

    1     M.S.VASAVAN
          AGED 66 YEARS, S/O SHREEGHANA PANICKER,
          PALACHALLKONAM, MANGALATHKONAM,
          KATTACHALKUZHI P.O., BALARAMAPURAM,
          THIRUVANANTHAPURAM DISTRICT, PIN- -695501.

    2     S. VIJAYAN,
          S/O. SREEDHARAN, MANOJ BHAVAN, PALACHALKONAM,
          BALARAMAPURAM P.O.,
          THIRUVANANTHAPURAM DISTRICT, PIN CODE-695501.

    3     K. SURENDRAN,
          S/O. KUNJUKRISHNAN, THENGUVILA VEEDU,
          PALACHALKONAM, KATTACHALKUZHI. P.O.,
          BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
          PIN CODE-695501.

    4     RADHA,
          D/O. GOMATHI, RIJI NIVAS,
          MANGALATHUKONAM, KATTACHALKUZHI. P.O.,
          BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
          PIN CODE -695501.

    5     RENJITH. V.R.,
          S/O. VASAVAN, RIJI NIVAS,
          MANGALATHUKONAM, KATTACHALKUZHI. P.O.,
          BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
          PIN CODE-695501.

    6     RIJI. R.V.,
          D/O. VASAVAN, VAISHNAV BHAVAN,
          PALACHALKONAM, KATTACHALKUZHI. P.O.,
          BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
          PIN CODE-695501.

    7     J. VIMALA,
          D/O. JAGADAMMA, THENGUVILA VEEDU,
          PALACHALKONAM, KATTACHALKUZHI P.O.,
          BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
          PIN CODE-695501.
 WP(C) NO. 27496 OF 2022
                                      2



     8       J. SULAJA,
             D/O. JAGADAMMA, MANOJ BHAVAN,
             PALACHALKONAM, KATTACHALKUZHI P.O.,
             BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT,
             PIN CODE-695501.

     9       LATHIKA,
             D/O. JAGADAMMA, SOORAJ NIVAS,
             OOTTUKUZHI, MANGALATHUKONAM,
             KATTACHALKUZHI P.O., BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT, PIN CODE -695501.

     10      S. JAYAPRAKASH,
             S/O. SUKUMARAN, SOORAJ NIVAS,
             OOTTUKUZHI, MANGALATHUKONAM,
             KATTACHALKUZHI P.O., BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT, PIN CODE -695501.

             BY ADVS.
             SRI.SHAJIN S.HAMEED
             SMT.MELWIN BYJU


RESPONDENTS:

     1       THE ASSISTANT REGISTRAR (GENERAL)
             CO-OPERATIVE SOCIETY
             OFFICE OF ASSISTANT REGISTRAR (GENERAL),
             CIVIL STATION, NEYYATTINKARA P.O.,
             THIRUVANANATHAPURAM DISTRICT, PIN -695121.

     2       THE SPECIAL SALE OFFICER,
             THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL) OFFICE, CIVIL STATION, NEYYATTINKARA P.O.,
             THIRUVANANTHAPURAM DISTRICT, PIN CODE-695121.

     3       PALLICHAL FARMERS' SERVICE CO-OPERATIVE
             BANK LTD NO.T.677, REPRESENTED BY ITS MANAGING
             DIRECTOR, VEDIVACHANKOVIL P.O.,
             THIRUVANANTHAPURAM DISTRICT, PIN-695501.

             SMT.BIMAL K.NATH, SR.GOVT.PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.08.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 27496 OF 2022
                                   3



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 27496 of 2022
               --------------------------------------------
               Dated this the 25th day of August, 2022

                             JUDGMENT

This writ petition has been filed by 10 individuals who have all

taken loans from the 3rd respondent. When the loans were not

repaid, recovery actions were initiated and the 3 rd respondent has

already obtained awards against the petitioners. The petitioners

have jointly preferred Exts.P4 & P4(a) before respondents 1 and 2

and seek disposal of the same. Exts.P4 & P4(a) have been preferred

seeking time for payment after disposing of certain properties.

In the above circumstances, this writ petition is disposed of

directing the respondents 1 & 2 to consider and dispose of Exts.P4 &

P4(a), if the same are received and pending, after hearing the

petitioners, at the earliest, at any rate, within three months from the

date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 27496 OF 2022

APPENDIX OF WP(C) 27496/2022

PETITIONERS' EXHIBITS

Exhibit P1 PHOTOCOPY OF THE ARBITRATION AWARD DATED 24/4/2018 PASSED BY THE SPECIAL SALE OFFICER OF PALLICHAL FARMERS SERVICE CO- OPERATIVE BANK AGAINST THE 1ST PETITIONER.

Exhibit P2 PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

Exhibit P2(a) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

Exhibit P2(b) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

Exhibit P2(c) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

Exhibit P2(d) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

Exhibit P2(e) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER.

Exhibit P2(f) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONER.

Exhibit P2(g) PHOTOCOPY OF THE NOTICE DATED 04/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 8TH PETITIONER.

Exhibit P3 PHOTOCOPY OF ONE OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT DATED 20/06/2022 TO THE 1ST PETITIONER.

Exhibit P3(a) PHOTOCOPY OF ONE OF THE DEMAND NOTICES WP(C) NO. 27496 OF 2022

ISSUED BY THE 2ND RESPONDENT DATED 20/06/2022 TO THE 5TH PETITIONER.

Exhibit P3(b) PHOTOCOPY OF ONE OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT DATED 20/06/2022 TO THE 6TH PETITIONER.

Exhibit P4 PHOTOCOPY OF THE REPRESENTATION DATED 22/08/2022 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONERS.

Exhibit P4(a) PHOTOCOPY OF THE REPRESENTATION DATED 22/08/2022 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONERS.