Sivadasan vs The Cooperative Agricultural ...
2023 Latest Caselaw 9078 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 25467 OF 2023
PETITIONER/S:
           SIVADASANAGED 58 YEARSS/O. KRISHNAN, OODALIL HOUSE,
           CHERTHALA SOUTH P.O., ALAPPUZHA DISTRICT,, PIN - 688524

          BY ADV M.RETHEESHKUMAR


RESPONDENT/S:
     1     THE COOPERATIVE AGRICULTURAL RURAL DEVELOPMENT
           BANK(CARD) BANK)REPRESENTED BY ITS SEORETARY, A-327,
           OPP. TO COURT COMPLEX, COURT JUNCTION, CHERTHALA P.O,,
           ALAPPUZHA DISTRICT,, PIN - 688524

    2     THE PRESIDENTCARD BANK, A-327, OPP. TO COURT COMPLEX,
          COURT JUNCTION, CHERTHALA P.O., ALAPPUZHA DISTRICT,,
          PIN - 688524

    3     THE SECRETARYCARD BANK, A-327, OPP. TO COURT COMPLEX,
          COURT JUNCTION, CHERTHALA P.O., ALAPPUZHA DISTRICT,,
          PIN - 688524

          BY ADVS.S. P. ARAVINDAKSHAN PILLAYN.SANTHA(S-
          176)V.VARGHESE(K/514/1996)PETER JOSE
          CHRISTO(K/1216/2004)S.A.ANAND(K/1216/2006)K.N.REMYA(K/7
          12/2010)L.ANNAPOORNA(K/952/2013)VISHNU V.K.
          (K/001396/2018)ABHIRAMI K. UDAY(K/001426/2018)

          By GOVERNMENT PLEADER SMT. SHEEJA C.S.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.25467/2023                    2

                              JUDGMENT

The petitioner is the brother of one Aravindan K. who had availed

a loan from the 1st respondent bank. On default being committed by

the aforesaid Aravindan K., his property was brought to sale and was

purchased by the bank. According to the petitioner, since the

petitioner wanted to save that property, he had approached the bank

and remitted the entire liability. The petitioner has now filed Ext.P9

request for re-conveyance of the property. It is submitted that the

aforesaid Aravindan K who is no more, had executed a Will in respect

of the property in favour of the petitioner.

2. The learned counsel for the petitioner submits that the

petitioner will be satisfied if a direction is issued to the respondent

bank to consider Ext.P9 in accordance with the law.

3. The learned counsel for the respondent bank has no

objection in such a direction being issued to the respondent bank.

Accordingly, this writ petition will stand disposed of directing the

1st respondent bank to consider Ext.P9 in accordance with the law and

to take a decision thereon and to communicate its decision to the

petitioner within a period of two months from the date of receipt of a

certified copy of this judgment. I make it clear that I have not

expressed any opinion on the merits of the petitioner's claim and it will

open to the respondent bank to consider the matter in accordance with

the law.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 25467/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GEHAN RELEASE DEED NO.

G.4625/2019, DATED 23.12.2019 VOLUME NO.

OF CHERTHALA SRO, EXECUTED IN FAVOUR OF THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE WILL DATED 30-04-1996

Exhibit P3 TRUE COPY OF THE DIARY OF THE SALE DATED 25-09-2006

Exhibit P4 TRUE COPY OF THE NOTICE DATED 23-02-2015 ISSUED TO THE PETITIONER BY THE SALE OFFICER OF THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE RECEIPTS DATED 30-03 2015, ISSUED BY THE 3RD RESPONDENT

Exhibit P6 TRUE COPY OF THE RECEIPTS DATED 23-12-

2019 ISSUED BY THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE RECEIPTS DATED 24-12-

2019 ISSUED BY THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE CERTIFICATE DATED 02-11-

2022 ISSUED BY THE SECRETARY-IN-CHARGE OF THE 1ST RESPONDENT BANK.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 06-

01-2023 SUBMITTED BY THE PETITIONER