Thankamma Kunjappan vs Ayiroor Co-Operative Bank Limited
2024 Latest Caselaw 23223 Ker

Kerala High Court

Thankamma Kunjappan vs Ayiroor Co-Operative Bank Limited on 2 August, 2024

                                                           2024:KER:61359

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE EASWARAN S.

        FRIDAY, THE 2ND DAY OF AUGUST 2024/11TH SRAVANA, 1946

                        WP(C) NO. 35318 OF 2016

PETITIONERS:

    1       THANKAMMA KUNJAPPAN,
            MANAKKAPADY HOUSE,
            AYROOR P.O., ATTUPURRAM,
            ERNAKULAM - 683 579.

    2       SIVAN M.K.,
            MANAKKAPADY HOUSE,
            AYROOR P.O., ATTUPURRAM,
            ERNAKULAM - 683 579.

            BY ADVS.
            SRI.M.S.SHAJU
            SRI.P.V.JEEVESH




RESPONDENTS:

    1       AYIROOR CO-OPERATIVE BANK LIMITED,
            NO. 2237, AYIROOR,
            ERNAKULAM - 683 579.

    2       AUTHORIZED OFFICER
            AYIROOR CO-OPERATIVE BANK LIMITED,
            NO. 2237, AYIROOR,
            ERNAKULAM - 683 579.

            BY ADV SRI.P.V.BABY


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.35318 of 2016

                                                              2024:KER:61359
                                     2

                            JUDGMENT

(Dated this the 2nd day of August, 2024)

The petitioner challenges Ext.P1 notice of sale dated

05.08.2016. During the pendency of the writ petition there was no

stay. However, Sri P.V Baby, the learned counsel appearing for

the respondent pointed out that the petitioner suffered Ext.R1 (a)

award under the provisions of the Kerala Co-operative Societies

Act. The said award had become final and there cannot be any

challenge to the proceedings now initiated. He further submits

that, no amount has been paid and still amounts are due to the

bank.

2. When the writ petition is taken up for consideration

today, none appeared for the petitioner. It is noticed that the sale

notice is dated 05.08.2016 and admittedly the same did not

fructify. Hence, writ petition is closed as infructuous with liberty

to the bank for initiating appropriate action for recovery of the

amounts.

Sd/-

EASWARAN S. JUDGE

ADS

2024:KER:61359

APPENDIX OF WP(C) 35318/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 05.08.2016.

EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE.