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Kerala High Court
Divya Roy vs The Assistant Registrar Of ... on 1 December, 2025
2025:KER:91296
W.P (C) No.37731/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 37731 OF 2025
PETITIONER/S:
DIVYA ROY
AGED 34 YEARS
D/O LATE MARY KURIAKOSE & W/O SANAL M.I, MUCKADACKAL
HOUSE, KOKKAPPILLY P.O, KOKKAPPILLY KARA, VANDIPETTA,
PUTHENCRUZE (VIA), ERNAKULAM DIST, PIN - 682308
BY ADVS.
SRI.M.M.MONAYE
SRI.K.V.SANOSH
RESPONDENT/S:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
MUVATTUPUZHA, MUVATTUPUZHA P.O, ERNAKULAM, PIN - 686661
2 ASSISTANT REGISTRAR / SPECIAL SALE OFFICER
MANEED SCB GROUP, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), ERNAKULAM,
KAKKANAD, PIN - 682030
3 MANEED SERVICE CO-OPERATIVE BANK LTD NO. E. 59
MANEED P.O, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 686664
4 ELDHO M KURIAKOSE
MAMMALAYIL HOUSE, EZHAKKARANAD P.O,
PUTHENCRUZE VIA, ERNAKULAM DIST, PIN - 682308
BY ADV SHRI.SUNU P.JOHN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.10.2025, THE COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
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W.P (C) No.37731/2025 -2-
JUDGMENT
Petitioner is one of the legal heirs of one Mary Kuriakose. Late Mary
Kuriakose passed away on 21-06-2021. Exhibit P1 is the copy of the death
certificate and Ext.P2 is the copy of legal heirship certificate which shows that
the petitioner is one of the legal heirs of late Mary Kuriakose. According to the
petitioner, certain property belonging to late Mary Kuriakose was mortgaged
for securing repaying the loans availed by the 4 th respondent from the
respondent bank. It is submitted that after the bank initiated proceedings to
recover the amounts due from the 4 th respondent, the property of the
petitioner's mother was brought to sale without notice to any of her legal heirs
including the petitioner. It is submitted that the property of the petitioner's
late mother was sold in auction on 27-10-2025 and the same was purchased
by the bank. It is pointed out that the property was sold without fixing any
reserve price and this is contrary to law laid down by this court in
Haridasan K.B. v. Palliyakkal Service Co-operative Bank Ltd.
No.2232; 2022 KHC OnLine 1063. The learned counsel for the petitioner
also submits that the petitioner has not so far been served copies of the award
even though an application for certified copy was made through Ext.P5.
2. The learned counsel appearing for the respondent bank submits that
the contention of the learned counsel for the petitioner that the property was
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sold without notice to the legal heirs of late Mary Kuriakose is not sustainable
in law. He contends, on the basis of the documents produced along with the
counter affidavit filed by the 3rd respondent bank, that the notice was in fact
served on the legal heirs of late Mary Kuriakose. However, he fairly admits
that the property was sold without fixing any reserve price.
3. Having heard the learned counsel for the petitioner and the learned
counsel appearing for the 3rd respondent bank, I am of the view that the
learned counsel for the petitioner is right in contending that the sale of the
property of late Mary Kuriakose without fixing reserve price cannot be
sustained in law going by the law laid down by this court in Haridasan
(supra). Therefore, without going into any other question including the
question as to whether the property was sold with notice to the legal heirs of
late Mary Kuriakose, the sale of the property of late Mary Kuriakose on 27-10-
2025 will stand set aside. The 3rd respondent is permitted to bring the
property for sale again with notice to the legal heirs of late Mary Kuriakose
including the petitioner herein and after fixing a reserve price as held in
Haridasan (supra). Since it is the case of the petitioner that she has not
been served with copies of the award there will be a further direction to
respondents 1 and 2 to issue certified copies of the award to the petitioner
within a period of two weeks from the date of receipt of a certified copy of this
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judgment.
Writ petition ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
AMG
2025:KER:91296
APPENDIX OF WP(C) 37731/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED
06.07.2021 OF LATE SMT. MARY KURIAKOSE
Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
DATED 07.10.2021 IN RESPECT OF LATE SMT. MARY
KURIKOSE
Exhibit P3 TRUE COPY OF THE SALE NOTICE IN E.A. 413/2020
DATED NIL
Exhibit P4 TRUE COPY OF THE SALE NOTICE IN E.A. 421/2020
DATED NIL
Exhibit P5 TRUE COPY OF THE APPLICATION DATED 06.10.2025
SUBMITTED BY THE PETITIONER BY SPEED POST
Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS DATED
06.10.2025
Exhibit P7 TRUE COPY OF THE PRINT OUT OF THE SPEED POST
TRACKING FOR INDIA POST IN RESPECT OF
CONSIGNMENT EL387420466IN DATED 07.10.2025
Exhibit P8 TRUE COPY OF THE PRINT OUT OF THE SPEED POST
TRACKING FOR INDIA POST IN RESPECT OF
CONSIGNMENT EL387420452IN DATED 07.10.2025
Exhibit P9 TRUE COPY OF THE AUCTION NOTICE PUBLISHED IN
THE MALAYALA MANORAMA DATED 09.10 2025
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 31.07.1996 IN
KURIAKO VS. BABY IN C.R.P. NO. 2182 OF 1994
REPORTED IN 1998 KHC 31 DATED 31.07.1996
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 15729
OF 2022 DATED 11.10.2022
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE EXECUTION PETITION DATED
8.2.2024 IN E.P. NO. 2279/2024
Exhibit R3(d) TRUE COPY OF THE E.A. DEMAND NOTICE DATED
12.7.2024 IN E.P. NO. 2280/2024
Exhibit R3(b) TRUE COPY OF THE EXECUTION PETITION DATED
8.2.2024 IN E.P. NO. 2280/2024
Exhibit R3(c) TRUE COPY OF THE E.A. DEMAND NOTICE DATED
12.7.2024 IN E.P. NO. 2279/2024
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PETITIONER EXHIBITS
Exhibit P12 TRUE COPY OF THE SAID INTIMATION LETTER DATED
29.10.2025 FROM THE 2ND RESPONDENT
Exhibit P13 TRUE COPY OF THE REQUEST OF THE PETITIONER
DATED 14.11.2025, ADDRESSED TO THE 2ND
RESPONDENT AS WELL AS TO THE JOINT REGISTRAR
OF C-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM
