Jaleel vs The Assistant Registrar ...
2023 Latest Caselaw 13755 Ker

Kerala High Court

Jaleel vs The Assistant Registrar ... on 29 December, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945
                        WP(C) NO. 44238 OF 2023
PETITIONER:


          JALEEL
          AGED 48 YEARS
          S/O KUNJUMOIDEEN,VALIYAVEETTL HOUSE,
          P.O.ERIYAD, KODUNGALLUR,
          THRISSUR DISTRICT, PIN - 680666


          BY ADVS.
          K.S.RAJESH
          M.SHAJU PURUSHOTHAMAN


RESPONDENTS:


    1     THE ASSISTANT REGISTRAR CO-OPERATIVESOCIETIES
          OFFICE OF THE ASSISTANT REGISTRAR CO-
          OPERATIVESOCIETIES,
          P.O.KODUNGALLUR,
          THRISSUR DISTRICT., PIN - 680664

    2     THE JOINT REGISTRAR OF CO-OPERATIVESOCIETIES
          CIVIL STATION,
          AYYANTHOLE,THRISSUR, PIN - 680003

    3     KODUNGALLUR THALUK PRIMIARY CO-OPERATIVE AGRICULTURAL
          AND RURAL DEVELOPMENT BANK LTD
          NO:R 1353,P.O.KODUNGALLUR,PIN-680669
          REPRESENTED BY IT'S SECRETARY, PIN - 680307

          T.R. HARIKUMAR R3

OTHER PRESENT:

          SMT.SAROJINI K.G.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C). No.44238 of 2023
                                     ..2..




                             J U D G M E N T

Dated this the 29th day of December, 2023

The limited prayer of the petitioner in this writ

petition is consideration of Ext.P3 representation

by the 1st xzrespondent, wherein the petitioner

points out the infirmity and illegality in creating

a Gahan in respect of the secured asset. Learned

counsel for the 3rd respondent submitted that

although installment facilities have been afforded

to the petitioner, as per judgment in WP(C)

No.7482/2023, the petitioner committed default.

2. The fact that the petitioner had committed

default in the matter of payment of the installments

need not stand in the way of consideration of Ext.P3

request/representation. Accordingly, Ext.P3 is

directed to be considered by the 1st respondent,

within a period of one month from the date of

receipt of a copy of this judgment.

..3..

This writ petition stands disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE mtk//23.12.2023

..4..

APPENDIX OF WP(C) 44238/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 25.11.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P2 A TRUE COPY THE REGISTERED GAHAN DATED 26.4.2017

Exhibit P3 A TRUE COPY THE REPRESENTATION DATED 22.12.2023 FILED BY THE PETITIONER BEFORE THE 1STRESPONDENT