Anilkumar vs The Arbitrator Cum Special Sale Officer
2025 Latest Caselaw 406 Ker

Kerala High Court

Anilkumar vs The Arbitrator Cum Special Sale Officer on 1 July, 2025

Author: K. Babu

Bench: K. Babu

WP(C) No.14291 OF 2025

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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE K. BABU

  TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947

                    WP(C) NO. 14291 OF 2025

PETITIONER/S:

           ANILKUMAR
           AGED 51 YEARS
           S/O OMANA MADATHUVILAKATHU VEEDU NELLANADU MURI
           NELLANADU VILLAGE NELLANADU PO NEDUMANGAD TALUK
           THIRUVANANTHAPURAM DISTRICT, PIN - 695606


           BY ADV SRI.H.PRAVEEN (KOTTARAKARA)


RESPONDENT/S:

    1      THE ARBITRATOR CUM SPECIAL SALE OFFICER
           KERALA STATE CORPORATIVE HOUSING FEDERATION LTD
           REGIONAL OFFICE SASTHRI NAGAR SOUTH KARAMANA PO
           THIRUVANANTHAPURAM, PIN - 695002

    2      THE VENJARAMOODU HOUSING SOCIETY NO. T760
           VENJARAMOODU PO THIRUVANANTHAPURAM, PIN - 695607

    3      THE AUTHORIZED OFFICER
           VENJARAMOODU HOUSING SOCIETY NO. T760
           VENJARAMOODU PO THIRUVANANTHAPURAM, PIN - 695607
 WP(C) No.14291 OF 2025

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      THIS   WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   01.07.2025,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.14291 OF 2025

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                               K.BABU, J.
                  -------------------------------------------
                     W.P.(C) No.14291 OF 2025
                 ---------------------------------------------
                Dated this the 1st day of July, 2025

                                  JUDGMENT

The prayers in the Writ Petition are as follows:-

i) To issue a writ of certiorari or appropriate writ order or direction calling for the records leading to Exhibit P27 and P28 and quash the same;

ii) To issue a writ of mandamus or appropriate writ order or direction directing the respondent to permit the petitioner to pay the arrear amount in equal monthly installments

iii) To dispense with filing of the translation of vernacular documents;

iv) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.

2. Heard both sides.

3. It is submitted that the petitioner is prepared to

remit the entire amount due to the respondent society in

fifteen equal monthly instalments. WP(C) No.14291 OF 2025

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4. In the above circumstances, the Writ Petition is

disposed of with the following directions:-

(i) The petitioner shall remit the total

amount amount due to the respondent society

together with any accrued interest and

charges in fifteen equal monthly instalments.

(ii) The first instalment shall be paid on

or before 04.08.2025 and the subsequent

instalments shall be paid on or before the last

working day of every succeeding month.

(iii) The respondent society shall accept the

loan amount from the petitioner as stated

above.

(iv) In the event of default of any one

instalment, the respondent society shall be

entitled to proceed in accordance with law.

(v) In order to enable the petitioner to repay

the entire amount as stated above, all WP(C) No.14291 OF 2025

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coercive proceedings initiated against him

shall be kept in abeyance.

Sd/-

K.BABU JUDGE kkj WP(C) No.14291 OF 2025

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APPENDIX OF WP(C) 14291/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT TO THE PETITIONER DATED 17.02.2025 Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 30.06.2014 Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 03.07.2014 Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 02.08.2014 Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 02.08.2014 Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 04.09.2014 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 04.09.2014 Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 25.09.2014 Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 01.11.2014 Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 06.12.2014 Exhibit P11 TRUE COPY OF THE RECEIPT ISSUED BY THE WP(C) No.14291 OF 2025

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2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 28.03.2015 Exhibit P12 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 16.04.2015 IS Exhibit P13 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 18.11.2015 Exhibit P14 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 26.11.2015 Exhibit P15 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 18.12.2015 Exhibit P16 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 27.05.2016 Exhibit P17 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 26.08.2016 Exhibit P18 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 17.10.2016 Exhibit P19 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 01.11.2016 Exhibit P20 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 29.06.2017 Exhibit P21 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 31.10.2017 Exhibit P22 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 5.02.2018 Exhibit P23 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE WP(C) No.14291 OF 2025

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PETITIONER DATED 17.8.2018 Exhibit P24 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED 12.11.2018 Exhibit P25 TRUE COPY OF THE RECEIPT ISSUED BY THE 2 ND RESPONDENT COOPERATIVE TO THE PETITIONER DATED NIL Exhibit P26 TRUE COPY OF THE AWARD PASSED UNDER SECTION 70(3) OF THE KERALA CO- OPERATIVE SOCIETIES ACT 1969 DATED 12.10.2021 Exhibit P27 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1 ST RESPONDENT TO THE PETITIONER DATED 1/2/2025 Exhibit P28 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1 ST RESPONDENT IN EP NO.

1110/2024 DATED 17.02.2025