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Kerala High Court
West Chalakudy Service Co-Operative ... vs State Of Kerala Represented By ... on 1 December, 2025
2025:KER:92748
W.P (C) No.29541/2025 -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. 29541 OF 2025
PETITIONER/S:
WEST CHALAKUDY SERVICE CO-OPERATIVE BANK LIMITED
NO.R.262
REPRESENTED BY IT'S SECRETARY, CHALAKUDY P.O., ,
THRISSUR DISTRICT, PIN - 680307
BY ADVS.
SHRI.SHEEJO CHACKO
SMT.LIKHITHA E.S
SMT.S.S.SAILAKSHMI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY
DEPARTMENT OF COOPERATION, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695004
2 JOINT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL]
OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
[GENERAL],THRISSUR, SAHAKARANA BHAVAN, PIN - 680003
3 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL]
OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES [GENERAL], CHALAKUDY, PIN - 680307
4 SPECIAL SALE OFFICER
WEST CHALAKUDY SCB GROUP, OFFICE OF THE ASSISTANT
REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL],
CHALAKUDY, PIN - 680307
5 BRD SECURITIES LIMITED
REP.BY ITS MANAGING DIRECTOR, BETHANY COMPLEX, THRISSUR
ROAD,KUNNAMKULAM,THRISSUR DISTRICT, PIN - 680503
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W.P (C) No.29541/2025 -2-
6 HELPLINE KURIES
REP.BY ITS MANAGING DIRECTOR,
SOUTH JUNCTION CHALAKUDY,
THRISSUR DISTRICT, PIN - 680307
OTHER PRESENT:
SMT. RESMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2025, THE COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
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W.P (C) No.29541/2025 -3-
JUDGMENT
The petitioner has approached this court being aggrieved by the fact
that the 2nd respondent has not issued a sale certificate in respect of property
sold in auction and purchased by the petitioner bank for the recovery of
amounts due to the petitioner bank from one Sheela. It is stated that in order
to secure repayment of liability of the aforesaid Sheela the property of one
Rajan (husband of Sheela) was mortgaged. It is submitted that on default
being committed, the bank initiated proceedings under Section 69 of the
Kerala Co-operative Societies Act, 1969 and obtained Exts.P3 and P4 awards
determining the liability. It is submitted that on the awards being put to
execution the mortgaged property belonging to Sri. Rajan was brought to sale
and in the absence of other bidders the bank itself purchased the property in
auction. It is submitted that owing to subsequent attachment obtained by
respondents 5 and 6 over the property, the 2 nd respondent has not issued sale
certificate.
2. The learned Government Pleader refers to the Full Bench judgment
of this court in Fathima v. Canara Bank; 2025 (3) KLT 367 and
submits that the petitioner bank cannot approach this court for effacement of
the attachment obtained by respondents 5 and 6 and those attachments will
have to be effaced by approaching the civil court in question. However, it is
submitted that going by the law laid down by this court in the aforesaid
2025:KER:92748
judgment, the sale certificate can be issued subject to the condition that it will
be for the petitioner to get attachment obtained by respondents 5 and 6 lifted
by obtaining suitable orders from the civil court.
3. Despite service of notice, there is no appearance for the 5 th
respondent. Notice issued to the 6th respondent returned with the
endorsement 'addressee left'. However that need not detain this court as no
order to the prejudice of respondents 5 and 6 are being issued by this court in
this writ petition.
4. Having heard the learned counsel for the petitioner and the learned
Government Pleader and having regard to the facts and circumstances of the
case noticed above and taking note of of the law laid down by the Full Bench
of this court in Fathima (supra), this writ petition will stand disposed of
directing the 2nd respondent to issue sale certificate. However, it is made clear
that the petitioner bank will have to approach the civil court for obtaining
suitable orders for lifting the attachment obtained by respondents 5 and 6
from the civil court. In other words, the encumbrance on account of
attachment will continue to operate until those attachments are lifted in
accordance with the law.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
AMG
2025:KER:92748
APPENDIX OF WP(C) NO. 29541 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTO COPY OF THE GEHAN MORTGAGE
BEARING NUMBER 1875/2014 DATED 29.4.2014
EXECUTED BY SHRI.RAJAN
Exhibit P2 TRUE COPY OF THE GEHAN BEARING NUMBER
1355/2014 DATED 22.03.2014 EXECUTED BY
SMT.SHEELA AND SHRI.RAJAN
Exhibit P3 THE TRUE PHOTO COPY OF THE AWARD DATED
25.09.2017 IN ARC NO.2440/2017
Exhibit P4 THE TRUE PHOTO COPY OF THE AWARD DATED
25.09.2017 IN ARC NO.2431/2017
Exhibit P5 TRUE PHOTO COPY OF THE CERTIFICATE BEARING
NUMBER 18/2024 DATED 10.01.2024 ISSUED BY
VILLAGE OFFICER PADINJARE CHALAKUDY
Exhibit P6 THE TRUE PHOTO COPY OF THE COMMUNICATION
BEARING NUMBER JRGTSR/ 2668/2023-AEL DATED
25.05.2024 ISSUED BY JOINT REGISTRAR
Exhibit P7 THE TRUE PHOTO COPY OF THE JUDGMENT DATED
24.09.2024 IN W.P© NO. 23060/2024
Exhibit P8 THE TRUE COPY OF THE ORDER ISSUED BY 2ND
RESPONDENT JOINT REGISTRAR
JRG/TSR/2668/2023/AEL-KDIS DATED 29.10.2024
CONFIRMING THE AUCTION SALE IN FAVOUR OF
PETITIONER
Exhibit P9 THE TRUE PHOTO COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 17.07.2025
Exhibit 10 THE TRUE PHOTO COPY OF THE REPRESENTATION
DATED 14.05.2025
