Joseph K.P vs Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 12928 Ker

Kerala High Court

Joseph K.P vs Joint Registrar Of Co-Operative ... on 22 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.33835/2023                     1/3                       Order Date : 22-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                             WP(C) NO. 33835 OF 2023
   PETITIONERS:

      1. JOSEPH K.P., AGED 60 YEARS, KOYIKKALAN HOUSE,POICKATTUSSERY,
         CHENGAMANADU.P.O. ERNAKULAM DISTRICT, PIN - 683578
      2. SABU JOSEPH, AGED 26 YEARS , KOYIKKALAN HOUSE,POICKATTUSSERY,
         CHENGAMANADU.P.O. ERNAKULAM DISTRICT, PIN - 683578

   RESPONDENTS:

      1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ERNAKULAM, KAKKANAD,
         KOCHI , PIN - 682030
      2. THE ALWAY URBAN CO-OPERATIVE BANK LTD. NO 1623 REPRESENTED BY ITS
         CHIEF EXECUTIVE OFFICER, MARKET ROAD, ALUVA, PIN - 683101
      3. THE GENERAL MANAGER, THE ALWAYE URBAN CO-OPERATIVE BANK LTD. NO
         1623, MARKET ROAD, ALUVA, PIN - 683101
      4. THE AUTHORIZED OFFICER, THE ALWAYE URBAN CO-OPERATIVE BANK LTD. NO
         1623, MARKET ROAD, ALUVA, PIN - 683101

        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 direct the respondents not to evict, vacate the petitioners
   from the house and the mortgaged property given as security for the loans
   pending final disposal of the writ petition (c)."
        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   20.05.2024 and upon hearing the arguments of M/S M.M.MONAYE, M.PAUL
   VARGHESE, K.V.SANOSH & ANJANA SUGUNAN, Advocates for the petitioners,
   PUBLIC PROSECUTOR for R1, SRI. LEELA R. Advocate for R2 to R4 the court
   passed the following:
 WP(C) No.33835/2023                          2/3                               Order Date : 22-05-2024




                                      N.NAGARESH, J.
                            ------------------------------------------------
                                W.P.(C) No. 33835 of 2023
                          -------------------------------------------------
                          Dated this the 22nd day of May, 2024


                                     ORDER

Post on 27.05.2024. Interim order is extended till then.

Sd/-

N.NAGARESH JUDGE Sru WP(C) No.33835/2023 3/3 Order Date : 22-05-2024

APPENDIX OF WP(C) 33835/2023 Exhibit P1 TRUE COPY OF THE LOAN PASS BOOK ML 1772 FROM 22.10.2020 TO 12.03.2021 Exhibit P2 TRUE COPY OF THE LOAN PASS BOOK ML 1782 FROM 05.02.2021 TO 12.03.2021 Exhibit P3 TRUE COPY OF THE JUDGMENT OF SUPREME COURT DATED 27.11.2020 Exhibit P4 TRUE COPY OF THE CIRCULAR OF RESERVE BANK OF INDIA DATED 05.05.2021 Exhibit P5 TRUE COPY OF THE LETTER OF THE JOINT REGISTRAR DATED 25.03.2023 Exhibit P6 TRUE COPY OF THE CIRCULAR OF REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 31.01.2023 Exhibit P7 TRUE COPY OF THE LETTER OF THE RESPONDENT BANK DATED 01.06.2023 Exhibit P8 TRUE COPY OF THE REPRESENTATION TO THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES DATED 10.10.2023 Exhibit P9 TRUE COPY OF THE REPRESENTATION TO THE CHAIRMAN OF THE ALWAYE URBAN CO OPERATIVE BANK DATED 10.10.2023