C.T.Kathiresan vs Devicolam Taluk Co-Operative ...
2024 Latest Caselaw 9170 Ker

Kerala High Court

C.T.Kathiresan vs Devicolam Taluk Co-Operative ... on 3 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                       WP(C) NO. 16062 OF 2018
PETITIONERS:

    1     C.T.KATHIRESAN
          AGED 68 YEARS
          AGED 68 YEARS,S/O.CHITHAMBARAN,18 MURI
          LANE,MUNNAR.P.O,IDUKKI,PIN-685012.

    2     K.T.NACHAMMA
          AGED 63 YEARS,W/O.KATHIRESAN,18 MURI
          LANE,MUNNAR.P.O,IDUKKI,PIN-685012.

    3     K.T.MUTHUKUMAR
          AGED 39 YEARS,S/O.KATHIRESAN,18 MURI
          LANE,MUNNAR.P.O,IDUKKI,PIN-685012.

    4     K.T.RANGARAJAN
          AGED 36 YEARS,S/O.KATHIRESAN,18 MURI
          LANE,MUNNAR.P.O,IDUKKI,PIN-685012.

    5     K.T.PALANIYAPPAN
          AGED 33 YEARS,S/O.KATHIRESAN,18 MURI
          LANE,MUNNAR.P.O,IDUKKI,PIN-685012.

          BY ADVS.
          SRI.SREEKANTH S.NAIR
          SRI.S.JATHIN DAS


RESPONDENTS:

    1     DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
          P.B.NO.4,ADIMALI,IDUKKI-685561.

    2     SECRETARY
          DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
          DEVELOPMENT BANK LTD.NO.136, P.B.NO.4, ADIMALI,
          IDUKKI-685561.

    3     SPECIAL SALE OFFICER
          DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
          DEVELOPMENT BANK LTD.NO.136, P.B.NO.4, ADIMALI,
          IDUKKI-685561.
 WP(C) NO. 16062 OF 2018          -2-



   4      SECRETARY
          THE KERALA STATE FARMERS DEBT RELIEF
          COMMISSION, THIRUVANANTHAPURAM, ANAYARA.P.O,
          THIRUVANANTHAPURAM-695029.

   5      JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
          O/O THE JOINT REGISTRAR, IDUKKI, PAINAVU,
          IDUKKI-685561.

   6      STATE OF KERALA
          CO-OPERATION TOURISM AND DEVASWOM DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001,
          REPRESENTED BY PRINCIPAL SECRETARY.

            BY ADVS.
            SRI.P.CHANDY JOSEPH
            GOVERNMENT PLEADER


       THIS   WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION     ON   03.04.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16062 OF 2018     -3-



                          JUDGMENT

The counsel for the petitioners submits that the

matter has become infructuous. Accordingly, the writ

petition is dismissed as infructuous.

Sd/-

EASWARAN S. JUDGE vv

APPENDIX OF WP(C) 16062/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF DOCUMENT NO.43/1986 DATED 31.12.85 OF S.R.O.DEVIKULAM EXHIBIT P2 TRUE COPY OF SALE DEED N.670/2002 DATED 19.4.2002 OF S.R.O.DEVIKULAM EXHIBIT P3 TRUE COPY OF SALE DEED NIO.1013/2003 DATED 7.3.2003 OF S.R.O.DEVIKULAM EXHIBIT P4 TRUE COPY OF CERTIFICATE NO.190/18 DATED 20.3.2018 ISSUED TO THE 1ST PETITIONER EXHIBIT P5 TRUE COPY OF LEASE LWA NO.14/96/A7 COMMENCING FROM 27.6.1996 RELEVANT PAGES ONLY GRANTED IN FAVOUR OF 1ST PETITIONER EXHIBIT P6 TRUE COPY OF LEASE LWA NO.8/95/A5 COMMENCING FROM 25.3.1995 GRANTED IN FAVOUR OF 2ND PETITIONER RELEVANT PAGES ONLY EXHIBIT P7 TRUE COPY OF THE LEASE LWA NO.15/96/A7 COMMENCING FROM 27.6.1996 GRANTED IN FAVOUR OF 3RD PETITIONER RELEVANT PAGES ONLY EXHIBIT P8 TRUE COPY OF THE LEASE LWA NO.9/95/A5 COMMENCING FROM 25.3.1995 GRANTED IN FAVOUR OF 3RD PETITIONER RELEVANT PAGES ONLY EXHIBIT P9 TRUE COPY OF THE LEASE LWA NO.16/95/A5 COMMENCING FROM 25.3.1995 GRANTED IN FAVOUR OF RAJESWARI,DAUGHTER OF 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF LEASE LWA NO.10/95/A5 COMMENCING FROM 28.3.1995 GRANTED IN FAVOUR OF 4TH PETITIONER RELEVANT PAGES ONLY EXHIBIT P11 TRUE COPY OF THE LEASE LWA NO.4/96/A7 COMMENCING FROM 25.4.1996 GRANTED IN FAVOUR OF 5TH PETITIONER RELEVANT PAGES ONLY EXHIBIT P12 TRUE COPY OF THE LEASE LWA NO.12/95/A7 COMMENCING FROM 25.3.1995 GRANTED IN FAVOUR OF 5TH PETITIONER RELEVANT PAGES ONLY EXHIBIT P13 TRUE COPY OF THE LOAN SANCTIONED ORDER ISSUED IN FAVOUR OF 1ST PETITIONER

EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 8.9.2009 AS E.P.NO.481/09-10 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER EXHIBIT P15 TRUE COPY OF LOAN LEDGER OF LA NO.IFD27/2004-05 AS LOAN STATUS CLOSED. EXHIBIT P16 TRUE COPY OF LOAN LEDGER OF LA NO.LDS88/2004-05 AS LOAN STATUS CLOSED. EXHIBIT P17 TRUE COPY OF LOAN LEDGER OF LA NO.MIS73/2004-05 AS LOAN STATUS CLOSED. EXHIBIT P18 TRUE COPY OF LOAN LEDGER OF LA NO.CRS1/2012-13 DATED 25.07.2012. EXHIBIT P19 TRUE COPY OF LOAN LEDGER OF LA NO.MIS6/2012-13 DATED 25.07.2012. EXHIBIT P20 TRUE COPY OF LOAN LEDGER OF LA NO.LDS17/2012-13 DATED 25.07.2012. EXHIBIT P21 TRUE COPY OF NOTICE E.P.211/17 DATED 13.11.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P22 TRUE COPY OF NOTICE DATED 4.1.2018 ISSUED TO 1ST PETITIONER EXHIBIT P23 TRUE COPY OF FINAL ORDER DATED 6.3.2018 PASSED BY 4TH RESPONDENT IN R.P.NO.3047/17 IN APPLICATION NO.560876/15/ID.

EXHIBIT P24 TRUE COPY OF LETTER NO.G.F.21/17- 18/163/17-18 DATED 23.1.2018 ISSUED BY 1ST RESPONDENT EXHIBIT P25 TRUE COPY OF REPRESENTATION DATED 20.4.2018 SUBMITTED TO THE HON'BLE MINISTER OF CO-OPERATION EXHIBIT P26 TRUE COPY OF RECEIPT OF REGISTERED LETTER NOS.57707747,577077733,5770776154 AND 577077490 ISSUED RESPECTIVELY BY THE PETITIONERS EXHIBIT P27 TRUE COPY OF NOTICE DATED 18.4.2018 IN E.P.NO.211/2017 ISSUED TO 1ST PETITIONER EXHIBIT P28 TRUE COPY OF COVER USED BY RESPONDENTS 1 AND 2 TO ISSUE EXHIBIT P27.

EXHIBIT P29     TRUE COPY OF CARD DATED 30.4.2018 ISSUED
                FROM      THE       HON'BLE        MINISTER
                OFFICE,ACKNOWLEDGING     THE   PETITIONER'S
                REPRESENTATION.