Kerala High Court
Shanavas vs The Registrar Of Co-Operative ... on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 40490 OF 2023
PETITIONER:
SHANAVAS, AGED 33 YEARS, S/O.AHAMMED,
THERUVATH HOUSE, THIRUVILLWAMALA,
THRISSUR DISTRICT, PIN - 680588
BY ADVS.K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
SAHAKARANA NAGAR, KALYAN NAGAR, AYYANTHOLE,
THRISSUR, PIN - 680003
2 THE JOINT REGISTRAR,SAHAKARANA NAGAR, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-, PIN - 680003
3 THALAPPILLY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD NO.1354,
WADAKKANCHERRY, THRISSUR DISTRICT, PIN - 680582
4 SPECIAL SALE OFFICER, THE THALAPPILLY TALUK PRIMARY
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
LTD NO.1354, WADAKKANCHERRY, THRISSUR DISTRICT,
PIN - 680582
5 AHAMMED, S/O.THERUVATH ABDULLA, THERUVATH HOUSE,
THIRUVILLWAMALA, THRISSUR DISTRICT, PIN - 680588
BY ADVS.
PRAVEEN H HARIKUMAR
SRI DILIP J AKKARA, SC FOR THALAPPILLY TALUK PRIMARY
CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.PC 40490 of 2023 2
JUDGMENT
The 5th respondent is the father of the petitioner. He had availed a
loan from the 3rd respondent bank by mortgaging 41.48 Ares and 15.84 Ares
of property comprised in Sy. No. 828/6 and 830/7, respectively, of
Kaniyarcode Village, Thalappilly Taluk. The mortgaged property is covered
under Exts P3 and P3(a) deeds of title. The petitioner contends that he is the
absolute owner in title and possession of 98.5 cents of land comprised in Sy
No.830/9 of Thalappilly Taluk covered under Ext.P1 title deed.
2. According to the petitioner, his father defaulted in paying the loan
installments and consequently, recovery proceedings have been initiated
against him. However, instead of proceeding against the property of his
father, the bank is proceeding against the petitioner's property. It is on these
assertions that this writ petition is filed seeking issuance of directions to the
respondents 3 and 4 to refrain from interfering in any manner with the
property covered under Ext.P1 deed to realize the dues from the 5th
respondent.
3. A counter affidavit has been filed on behalf of the 3rd respondent
bank wherein it is stated that the loan availed by the petitioner's father was
secured by mortgaging 41.48 Ares of the property comprised in 828/06 and
15.84 Ares of the property comprised in Sy No.830/07 covered by document
No.2062/2009 and 2063/2009 of Pazhayannoor SRO. It is further stated that
in terms of Ext.P4 sale notice, only secured assets covered by Ext.R3(a) and
(b) Gehans are being proceeded against.
4. In view of the counter affidavit filed by the bank, the petitioner
cannot have any further grievances. It is stated in unmistakable terms that
only the secured assets covered by Ext.R3(a) and (b) Gehans shall be
proceeded against.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 40490/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2064/2009 OF SRO
PAZHAYANNUR
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21-6-2022
Exhibit P3 TRUE COPY OF THE DOCUMENT NO.2062/09 DATED
20-8-2009 OF SRO, PAZHAYANNUR
Exhibit TRUE COPY OF THE DOCUMENT NO.2063/09 DATED
P3(a) 20-8-2009 OF SRO, PAZHAYANNUR
Exhibit P4 TRUE COPY OF THE NOTICE DATED 2-8-2023 ISSUED TO
THE 5TH RESPONDENT BY THE BANK
RESPONDENTS' EXHIBITS:
Exhibit PHOTOCOPY OF GEHAN NO.1900/15 DATED 21-12-15
R3(a)
Exhibit PHOTOCOPY OF GEHAN NO.1901/15 DATED 21-12-15
R3(b)
