Kerala High Court
Arun Sagar vs The Parur Vadakkekara Service ... on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 30918 OF 2022
PETITIONERS:
1 ABITHA @ AMRITHA
AGED 35 YEARS
D/O.DANASEELAN, VATTAKUNNEL VEEDU, KIDANGANAD P.O,
SULTAN BATHERI, WAYANAD DISTRICT - 673 592.
2 DANASEELAN @ DANAVAN
AGED 62 YEARS
S/O.RAJAPPAN, PARAMBATHERIL HOUSE, KEDAMANGALAM KARA,
PARAVUR TALUK, ERNAKULAM DISTRICT - 683 513.
3 SUJA,
W/O.DANASEELAN, PARAMBATHERIL HOUSE, KEDAMANGALAM KARA,
PARAVUR TALUK, ERNAKULAM DISTRICT - 683 513.
4 ARUN SAGAR
S/O.DANASEELAN, PARAMBATHERIL HOUSE, NEDUVANNUR,
CHOVVARA.P.O., CHENGAMANAD VILLAGE ALUVA TALUK.
ERNAKULAM DISTRICT - 683 571.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
ANJALY T.A
M.V.VIPINDAS
RESPONDENT/S:
1 THE PARUR VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD
VADAKKEKARA.P.O., NORTH PARUR, REPRESENTED BY ITS
SECRETARY - 683 622.
2 THE SPECIAL SALE OFFICER,
PARUR VADAKKEKARA SERVICE CO-OPERATIVE BANK
LTD.NO.3131, OFFICE OF THE ASSISTANT OF REGISTRAR OF
CO-OPERATIVE SOCIETIES (G), NORTH PARUR - 683 513.
3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
W.P.(C)No.30918/2022 & conn.cases 2
CIVIL STATION, KAKKANAD ERNKULAM DISTRICT - 682030.
4 THE COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR
LAND ACQUISITION (NH), CIVIL STATION, KAKKANAD -
ERNAKULAM - 682030.
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
OTHER PRESENT:
SRI.M.M. MONAYE (R1), SMT.RESHMI THOMAS[G.P]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, ALONG WITH WP(C).26104/2018, 26294/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.30918/2022 & conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 26104 OF 2018
PETITIONER/S:
SUJA
AGED 60 YEARS
AGED 60 YEARS, W/O.DANASEELAN,PARAMBATHERIL HOUSE,
KEDAMANALAM KARA,PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENT/S:
1 THE PARUR VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD.
VADAKKEKARA.P.O., NORTH PARUR,REPRESENTED BY ITS
SECRETARY-683 622.
2 THE SPECIAL SALE OFFICER
PARUR VADAKKEKARA SERVICE CO-OPERATIVE
BANKLTD.NO.3131, OFFICE OF THE ASSISTANT REGISTRAROF
CO-OPERATIVE SOCIETIES(G), NORTH PARUR-683 513.
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL
NORTH PARUR-683 513.
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL
KAKKANAD, ERNAKULAM-682 030.
BY ADV SRI.M.M.MONAYE - R1, SMT.RESHMI THOMAS[G.P]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, ALONG WITH WP(C).30918/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.30918/2022 & conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 26294 OF 2018
PETITIONER/S:
ARUN SAGAR
AGED 32 YEARS
PARAMBATHERIL HOUSE, KEDAMANGALAM KARA, PARAVUR
TALUK, ERNAKULAM DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENT/S:
1 THE PARUR VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD
NO. 3131, VADAKKEKARA P.O., NORTH PARAVUR,
REPRESENTED BY ITS SECRETARY - 683 622
2 THE SPECIAL SALE OFFICER
PARUR VADAKKEKARA SERVICE CO-OPERATIVE BANK LTDNO.
3131,OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIEITIES (G), NORTH PARUR - 683 513
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITIES G
NORTH PARUR - 683 513
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIEITIES GENERAL
KAKKANAD, ERNAKULAM - 682 030
BY ADV M.M.MONAYE-R1,SMT.RESHMI THOMAS[G.P]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, ALONG WITH WP(C).30918/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.30918/2022 & conn.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 26673 OF 2018
PETITIONER:
ABITHA @ AMRITHA
AGED 30 YEARS
D/O.DANASEELAN, PARAMBATHERIL
HOUSE,VADAKKEKKARA,KATTATHURUTH, PARAVUR TALUK,NOW
RESIDING AT VATTAKUNNEL
HOUSE,KIDANGANADU.P.O.,SULTHANBATHERY, WAYANAD
DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE PARUR VADAKKEKKARA SERVICE CO-OPERATIVE BANK LTD
NO.3131, VADAKKEKKARA.P.O., NORTH PARUR,REPRESENTED
BY ITS SECRETARY- 683 622
2 THE SPECIAL SALE OFFICER
THE PARUR VADAKKEKKARA SERVICE CO-OPERATIVE BANK
LTDNO.3131,OFFICE OF THE ASSISTANT OF REGISTRAR OF
CO-OPERATIVE SOCIETIES(G), NORTH PARUR- 683 513
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL
NORTH PARUR- 683 513
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIESGENERAL
KAKKANAD, ERNAKULAM- 682 030
BY ADV M.M.MONAYE-R1, SMT. SHEEJA (G.P)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, ALONG WITH WP(C).30918/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.30918/2022 & conn.cases 6
JUDGMENT
[WP(C) Nos.30918/2022, 26104/2018, 26294/2018, 26673/2018]
When these writ petitions are taken up for consideration today, the
submission of the learned counsel appearing for the petitioners that the
loans which are subject matter of these writ petitions have been closed and
nothing further survives for consideration in these writ petitions.
2. The learned counsel appearing for the respondent bank would
submit that the bank has no objection in the writ petitions being closed.
However, it is pointed out that the petitioners are required to withdraw
complaints filed by them before the Joint Registrar.
3. The learned counsel appearing for the petitioners would submit
that the complaints have already been withdrawn. This is recorded and
these writ petitions are closed. If the liability is settled in full, the bank will
also return the title deeds of the properties which have been deposited with
the bank for the purposes of creation of mortgage.
sd/-
GOPINATH P.
JUDGE
acd
W.P.(C)No.30918/2022 & conn.cases 7
APPENDIX OF WP(C) 26104/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT MADE IN APPEAL
NO.49/2012 DATED 29.10.2012 BY THE CO-
OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 2ND RESPONDENT FOR REALIZATION OF THE
AMOUNT DUE UNDER ARC NO.1294/2011 VIDE
E.P.NO.1881/2014 DEMANDING A SUM OF
RS.14,12,800/-.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED
21.06.2018 MADE IN W.P[C]NO.35161/2017 BY
THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT ON
17.07.2018 CHALLENGING THE AUCTION
CONDUCTED BY THE 2ND RESPONDENT.
W.P.(C)No.30918/2022 & conn.cases 8
APPENDIX OF WP(C) 26294/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT MADE IN APPEAL
NO. 51/2012 DATED 29.10.2012 BY THE CO-
OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 2ND RESPONDENT FOR REALIZATION OF THE
AMOUNT DUE UNDER ARC NO. 1296.2011 VIDE
E.P.NO. 1883/2014 DEMANDING A SUM OF RS.
14,17,700/-.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED
21.06.2018 MADE IN W.P(C) NO. 35161/2017 BY
THIS HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT MADE IN W.A. NO.
1512/2018 DATED 23.07.2018.
W.P.(C)No.30918/2022 & conn.cases 9
APPENDIX OF WP(C) 26673/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AWARD DATED 26.7.2010
PASSED BY THE 3RD RESPONDENT IN ARC
NO.3319/2009
EXHIBIT P2 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED
21.8.2010 ISSUED BY THE SUB REGISTRAR,
SULTHAN BATHERY EVIDENCING THE MARRIAGE OF
THE PETITIONER WITH MR.BIJU XAVIER
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 24.10.2017
ISSUED BY THE 2ND RESPONDENT IN CONNECTION
WITH E.P. NO 58/2009 AGAINST THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
21.6.2018 MADE IN WPC NO 35161/2017 BY THIS
HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED
23.6.2018 SENT BY THE 2ND RESPONDENT
ADDRESSED TO THE PETITIONER
W.P.(C)No.30918/2022 & conn.cases 10
APPENDIX OF WP(C) 30918/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AUCTION NOTICE 20.04.2018
ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED
30.08.2019 MADE IN W.P.(C).NO, 35161/2017,
AND CONNECTED CASES.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS
NO.LAC/2/2021/VDK4143/2022 DATED 03.05.2022
ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE CASE STATUS RELATING THE
ARBITRATION O.P.NO.77/2022 BEFORE THE
ADDITIONAL DISTRICT COURT AT NORTH PARUR.
Exhibit P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE
GOVERNMENT FOR ONE TIME SETTLEMENT OF LOANS
PAYABLE TO CO-OPERATIVE BANKS AND THE CO-
OPERATIVE SOCIETIES IN KERALA WHICH IS
VALID UPTO 15.10.2022.
Exhibit P6 TRUE COPY OF THE REQUEST DATED 05.09.2022
MADE BY THE 3RD PETITIONER.
