Sunil.M.A vs State Of Kerala
2023 Latest Caselaw 1819 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                             WP(C) NO. 3301 OF 2023
PETITIONER:

     1        SUNIL.M.A.
              AGED 43 YEARS
              S/O.AYYAPPAN,
              MALANIRAPPEL HOUSE, KAIPPAATTOR P.O,
              ERNAKULAM DISTRICT, PIN - 682313
              BY ADVS.
              DINESH MATHEW J.MURICKEN
              K.A.ABHILASH
              VINOD S. PILLAI
              MOHAMMED THAYIB N.M.
              NAYANA VARGHESE
              AHAMMAD SACHIN K.

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              CO-OPERATIVE DEPARTMENT, SECRETARIAT, STATUTE JUNCTION,
              THIRUVANANTHAPURAM GENERAL.P.O.,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695001
     2        JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES
              OFFICE OF THE JOINT REGISTRAR (GENERAL),
              SAHAKARANA BHAVAN, THRISSUR DISTRICT, PIN - 680003
     3        THE AUTHORISD OFFICER
              THE PEOPLE'S URBAN CO-OPERATIVE BANK LTD.NO.51,
              P.O.THRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 680664
     4        THE PEOPLE'S URBAN CO-OPERATIVE BANK LTD.NO.51
              P.O.THRIPUNITHURA, ERNAKULAM DISTRICT,
              REPRESENTED BY ITS SECRETARY, PIN - 680664
              BY ADV DEVAPRASANTH P.J

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.3301 of 2023
                                   2




                           T.R. RAVI, J.
                ------------------------------------
                   W.P.(C.) No.3301 of 2023
                ------------------------------------
             Dated this the 01st day of February, 2023

                           JUDGMENT

When the case is taken up, the Standing Counsel

for the respondent Bank submits that the petitioner

had approached this Court earlier in W.P.(C.)

No.23227 of 2019 which has been disposed of by this

Court by judgment dated 27.08.2019.

In such circumstances, this writ petition cannot

be entertained. The writ petition is dismissed without

prejudice to the right of the petitioner to dispute the

amounts demanded in appropriate proceedings.

Sd/-

T.R.RAVI JUDGE SKP/01-02 WPC No.3301 of 2023

APPENDIX OF WP(C) 3301/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 25.10.2018 EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 16.01.2019 EXHIBIT P3 TRUE COPY OF THE 'NOTICE FOR SALE' ISSUED BY THE 3RD RESPONDENT DATED 30.12.2019 EXHIBIT P4 TRUE COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE PETITIONER DATED 05.03.2020 EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 07.03.2022 EXHIBIT P6 TRUE COPY OF THE REQUEST LETTER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 09.01.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE