Kerala High Court
Jyothish Kumar vs The Assistant Registrar ... on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 5705 OF 2023
PETITIONER:
JYOTHISH KUMAR
AGED 53 YEARS
S/O NATARAJAN, CHANIYIL HOUSE, VARANADU P.O., CHERTHALA
TALUK, ALAPPUZHA DISTRICT., PIN - 688543
BY ADV M.RETHEESHKUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATION
OFFICE OF THE ASSISTANT REGISTRAR, KUPPIKKAVALA ROAD, NEAR
COURT COMPLEX CHERTHALA, CHERTHALA TALUK, CHERTHALA P.O.,
PIN - 688524
2 THE SPECIAL SALE OFFICER
THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK
LTD NO. A327, OPP. TO COURT COMPLEX CHERTHALA, CHERTHALA
P.O., ALAPPUZHA., PIN - 688524
3 THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK
LTD NO. A327
OPP. TO COURT COMPLEX CHERTHALA, CHERTHALA P,O., ALAPPUZHA,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 688524
BY ADVS.
S. P. ARAVINDAKSHAN PILLAY
N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
PETER JOSE CHRISTO(K/1216/2004)
S.A.ANAND(K/1216/2006)
K.N.REMYA(K/712/2010)
L.ANNAPOORNA(K/952/2013)
VISHNU V.K.(K/001396/2018)
ABHIRAMI K. UDAY(K/001426/2018)
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.5705/2023 -2-
JUDGMENT
The petitioner has approached this court challenging the proceedings initiated at the
instance of the 3rd respondent bank under the provisions of the Kerala State Co-operative
(Agricultural and Rural Development Banks) Act, 1984 (hereinafter referred to as 'the
CARD Act' for short) to recover the amounts due from the petitioner. On 20-02-2023 this
court passed the following interim order.
"Admit.
Issue notice by speed post to respondents 2 and 3. Notice to the 1st respondent
is dispensed with for the time being.
The learned Counsel for the petitioner states that the extent of property
brought to sale by Ext.P3 is approximately 90 cents and only a portion of the
property needs to be sold to recover the amount due from the petitioner.
Any sale pursuant to Ext.P3 to the extent it applies to the petitioner shall not
be confirmed for a period of one month on condition that the petitioner remits an
amount of Rs. 1.90 lakhs towards the loan liability within a period of two weeks
from today (20-02-2023).
Post after a month.
2. When the matter is taken up for consideration today, it is submission of the
learned counsel appearing for the 3rd respondent bank that no amounts has been remitted
by the petitioner pursuant to the interim order dated 20-02-2023.
3. Having heard the learned counsel appearing for petitioner and the learned
counsel appearing for the 3 rd respondent, I am of the view that the petitioner has not
demonstrated any bonafides entitling him to an order from this court, in exercise of
jurisdiction under Article 226 of the Constitution of India in respect of proceedings
initiated by the 3rd respondent under the provisions of the CARD Act.
The writ petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 5705/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 16-12-2022
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE PUBLICATION OF SALE NOTICE DATED 16-
12- 2022 ISSUED U/S. 20 RULE 8 OF THE K.S.C.A.R.D.B.
ACT BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 13-01-2023 ISSUED
U/S. 20 RULE 8 OF THE K.S.C.A.R.D.B. ACT BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01-02-2023
GIVEN TO THE 3RD RESPONDENT
