P.T. Sebastian vs The Meenachil Co-Operative ...
2024 Latest Caselaw 6432 Ker

Kerala High Court

P.T. Sebastian vs The Meenachil Co-Operative ... on 6 March, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

WP(C) No.8990/2024                          1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Wednesday, the 6th day of March 2024 / 16th Phalguna, 1945
                            WP(C) NO. 8990 OF 2024 (Y)
   PETITIONER:

          P.T. SEBASTIAN, AGED 80 YEARS, S/O. THOMAS, PULLATTU HOUSE, POONJAR
          P.O., KOTTAYAM, PIN - 686581

   RESPONDENTS:

      1. THE MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK
         LTD. NO. K. 197 REPRESENTED BY ITS SECRETARY, PALA, P.B. NO. 35,
         KOTTAYAM DISTRICT, PIN - 686575
      2. THE SPECIAL SALE OFFICER, MEENACHIL CO-OPERATIVE AGRICULTURAL &
         RURAL DEVELOPMENT BANK LTD, NO. K. 197, PALA, P.B. NO. 35, KOTTAYAM
         DISTRICT, PIN - 686575


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings in pursuance of Exhibit P4,
   pending disposal of the Writ Petition (Civil).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.LIJI.J.VADAKEDOM & ATHUL V.VADAKKEDOM, Advocates for the petitioner,
   STANDING COUNSEL for the Respondents, the court passed the following:
 WP(C) No.8990/2024                                  2/4




                               RAJA VIJAYARAGHAVAN V, J.
                              -------------------------------------
                                 W.P.(C) No.8990 of 2024
                             -------------------------------------------
                           Dated this the 6th day of March 2024



                                             ORDER

The learned Standing Counsel takes notice for the respondents.

The learned counsel appearing for the petitioner points out that the

dates shown in Exts.P3 and P4 with regard to the auction of the property is

different. He would also point out that in view of Rule 8 of the Kerala State

Co-operative Agricultural Development Bank Rules, 1986, the respondents were

bound to incorporate all such details, which are materials for a purchaser to

ascertain and judge the nature and value of the property. He refers to the

judgment rendered by this Court in Sosamma John v. Thrissur

Co-operative Agricultural and Rural Development Bank [2018 (2) KHC

498] and it is argued that this Court had held that the fixation of a fair and

accurate value of the property is a condition precedent under Rule 8 (e) of the

Rules.

The learned Standing Counsel shall get instructions.

The sale proposed to be held on 7.3.2024 shall be adjourned by a period

of 15 days.

Post on 20.3.2024.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

Sru

06-03-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 8990/2024 Exhibit P3 A COPY OF THE SALE NOTICE DATED 30.1.2024 ISSUED BY THE 2ND RESPONDENT TO SELL THE PROPERTY OF THE PETITIONER

Exhibit P4 THE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT IN MALAYALA MANORAMA DAILY DATED 25.2.2024 SCHEDULING THE SALE OF THE PROPERTY OF THE PETITIONER

06-03-2024 /True Copy/ Assistant Registrar