Sini.T.K vs Assistant Registrar Of ...
2023 Latest Caselaw 3944 Ker

                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. 11500 OF 2023
PETITIONER/S:

          SINI.T.K.,AGED 47 YEARS
          W/O BIMAL, THOPPIYIL OORAKAM, THRISSUR., PIN - 680005
          BY ADV N.K.MOHANLAL


RESPONDENT/S:

    1     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES( GENERAL)

          AYYANTHOLE, THRISSUR., PIN - 680003
    2     SPECIAL SALE OFFICER
          MOOSPET SCB LTD. NO:682 0/0 ASSISTANT REGISTRAR OF CO-
          OPERATIVE SOCIETIES (GENERAL) THRISSUR., PIN - 680003
    3     MOOSPET SERVICE CO-OPERATIVE BANK LTD. NO: 682
          MOOSPET ROAD, THRISSUR, REPRESENTED BY SECRETARY., PIN
          - 680005



          SRI BIMAL K NATH SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11500 OF 2023                  2




                                JUDGMENT

Petitioner has approached this Court essentially seeking

an expeditious consideration of Ext.P2 application filed by the

petitioner under Rule 83 of the Co-Operative Societies Rules,

seeking to set aside the sale conducted in respect of the

residential property belonging to the petitioner which was sold

for the recovery of amounts due under an award obtained by the

3rd respondent bank .

2. Learned Senior Government Pleader submits that

there is no objection in a direction being issued to the 1 st

respondent to consider and pass orders on Ext.P2, after

affording an opportunity of hearing to the petitioner.

Considering the nature of the order that is being issued, it is not

necessary to hear the 3rd respondent, in the writ petition.

3. Accordingly, the writ petition will stand disposed of,

directing the 1st respondent to consider and pass orders on

Ext.P2, in accordance with law, after affording an opportunity of

hearing to the petitioner and to the 3rd respondent Bank, within

a period of two months from the date of receipt of a certified

copy of this judgment. Since it is submitted that the petitioner is

continuing in occupation of the residential building in question,

it is directed that further coercive steps shall remain suspended

until orders are passed on Ext.P2 by the 1st respondent, as

directed above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 11500/2023

PETITIONER EXHIBITS Exhibit- P1 A TRUE COPY OF AWARD OF INSPECTOR OF CO-

OPERATIVE SOCIETIES , ANTHIKAD UNIT(2ND RESPONDENT )DATED 19/01/2021 IN ARC NO.3815/2019 Exhibit - P 2 A TRUE COPY OF PETITION E.A./2023 IN E.P.1509/2021IN ARC 3815 /2019 DATED 16/02/2023 FILED TO SET ASIDE THE SALE OF PROPERTY Exhibit -P 3 A TRUE COPY OF ACKNOWLEDGMENT CARD SIGNED BY 1ST RESPONDENT