Kerala High Court
Chandralekha T.K vs The Special Sale Officer on 27 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 4746 OF 2023
PETITIONER:
BINEESH E.M., AGED 43 YEARS,
S/O EDATHARA MADHAVAN, MULLUR,
PARAPPUR, THRISSUR, PIN - 680552.
BY ADVS.
M.SASINDRAN
P.SHAHEED
RESPONDENTS:
1 THE SPECIAL SALE OFFICER,
ADAT FARMERS' SERVICE CO-OPERATIVE BANK LTD.NO.689,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR DISTRICT.,
PIN - 680003.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003.
4 ADAT FARMERS' SERVICE CO-OPERATIVE BANK LTD NO.689,
PURANATTUKARA, THRISSUR - 680 551,
REPRESENTED BY ITS SECRETARY.
BY ADV P.C.SASIDHARAN
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, ALONG WITH WP(C).6986/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.4746 & 6986/2023
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 6986 OF 2023
PETITIONER:
CHANDRALEKHA T.K., AGED 73 YEARS,
W/O. MADHAVAN (LATE), EDATHARA HOUSE,
PARAPPUR.P.O., MULLUR,
THRISSUR DISTRICT, PIN - 680552.
BY ADVS.
M.SASINDRAN
P.SHAHEED
RESPONDENTS:
1 THE SPECIAL SALE OFFICER,
ADAT FARMERS' SERVICE CO-OPERATIVE BANK
LTD.NO.689, OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL),
AYYANTHOLE, THRISSUR DISTRICT.,
PIN - 680003.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), THRISSUR
AYYANTHOLE, THRISSUR DISTRICT.,
PIN - 680003.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR, AYYANTHOLE,
THRISSUR DISTRICT., PIN - 680003.
4 ADAT FARMERS' SERVICE CO-OPERATIVE BANK LTD
NO.689, PURANATTUKARA, THRISSUR,
REPRESENTED BY ITS SECRETARY., PIN - 680551.
WP(C)Nos.4746 & 6986/2023
-3-
BY ADV P.C.SASIDHARAN
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2024, ALONG WITH WP(C).4746/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4746 & 6986/2023
-4-
JUDGMENT
[WP(C) Nos.4746/2023, 6986/2023]
It is conceded by both sides that the sole
objection raised by the petitioners in these two
cases - which have been heard together, taking
note of the analogous factual circumstances
present - is that the amounts sought to be
recovered by the respective Sale Officers are
much higher than what has been allowed by the
statutory Arbitrator, in the Awards issued
against them earlier.
2. I am afraid that this Court cannot enter
into the merits of the calculations arrived at
by the Sale Officers while issuing the impugned
notices; and if the petitioners have any
objection that it is in excess of what has been
permitted by the Awards, it is for them to move
the said officer himself and file objections.
3. Presumably being aware of the mind of
WP(C)Nos.4746 & 6986/2023
this Court as afore, Sri.M.Sasindran - learned
counsel for the petitioners, requested that his
clients be given liberty to move the Sale
Officers with their objections, so that the
matter can then be decided by the said
Authority.
4. Sri.P.C.Sasidharan - learned counsel
appearing for the respondent - Bank in both
these cases, did not oppose the afore request;
however, praying that strict time frames be
fixed.
In the afore circumstances, I dispose of
these Writ Petitions with the following
directions:
(a) The petitioners in these matters are
given liberty to move the respective Sale
Officers, raising their objections against the
calculation of the amounts shown due from them
under the Awards; and if this is done within a
WP(C)Nos.4746 & 6986/2023
period of two weeks from the date of receipt of
a copy of this judgment, the same shall be
considered by the said Authority, subject to his
jurisdiction in the matter, after affording
necessary opportunities to both sides; thus
culminating in an appropriate order and
necessary action thereon, within a period of two
weeks thereafter.
(b) On the afore being done - and subject to
the further rights of the petitioners, the Sale
Officers will be at full liberty to continue
further proceedings for recovery as per law,
following due procedure.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C)Nos.4746 & 6986/2023
APPENDIX OF WP(C) 6986/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPIES OF THE PASS BOOK
NO.5000251 OF THE OVER-DRAFT LOAN
AVAILED BY THE PETITIONER
EXHIBIT P2 A TRUE COPY OF THE SUB-RULE OF OVER-
DRAFT APPROVED BY THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL)
THRISSUR
EXHIBIT P3 A TRUE COPY OF THE ARBITRATION
PETITION (OD 5/251/10.11) FILED BY THE
4TH RESPONDENT BEFORE THE 2ND
RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE AWARD NO.12804/15
DATED 29/05/2018 OF THE ARBITRATOR
EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED
16/05/2022 (E.P.NO.2210/19)
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.30/2007
DATED 03/05/2007 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM
WP(C)Nos.4746 & 6986/2023
APPENDIX OF WP(C) 4746/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PASS BOOK OF THE
OVER-DRAFT LOAN AVAILED BY THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE SUB RULE OF OVER-
DRAFT APPROVED BY THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL)
THRISSUR.
EXHIBIT P3 A TRUE COPY OF THE ARBITRATION
PETITION FILED BY THE 4TH RESPONDENT
BEFORE THE 2ND RESPONDENT
(NO.5/252/10-11)
EXHIBIT P4 A TRUE COPY OF THE AWARD NO.12805/15
DATED 29/05/2018 OF THE ARBITRATOR
EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED
16/05/2022 (E.P.NO.2211/19) (ARC
12805/15)
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.30/2007
DATED 03/05/2007 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM
