Kerala High Court

Janardhanan.V.K vs The Assistant Registrar Of ... on 31 October, 2025

                                                          2025:KER:82417


WP(C) NO. 19424 OF 2025            1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

     FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947

                        WP(C) NO. 19424 OF 2025

PETITIONER/S:

          JANARDHANAN.V.K., AGED 63 YEARS
          S/O. KRISHNAN, VANIKKARA, VARODE, KOTTAYI,
          ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678572


          BY ADV SRI.O.D.SIVADAS


RESPONDENT/S:

    1     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678541

    2     THE ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD. NO. P 620, ALATHUR,
          PALAKKAD DISTRICT
          REPRESENTED BY ITS SECRETARY,, PIN - 678541

    3     THE SPECIAL SALE OFFICER, KOTHAVARA GROUP,
           ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD. NO. P 620, ALATHUR,
          PALAKKAD DISTRICT, JUNIOR INSPECTOR,
          OFFICE FO THE ASSISTANT REGISTRAR (GENERAL)
          CO-OPERATIVE SOCIETIES, ALATHUR,
          PALAKKAD DISTRICT,, PIN - 678541
                                                            2025:KER:82417


WP(C) NO. 19424 OF 2025             2




    4       SANDHYA.V.R., W/O. RATHEESH,
            NADUVAIL HOUSE, EZHUTHURUTHI,
            PONNANI.P.O, PONNANI,
             MALAPPURAM DISTRICT,, PIN - 679577


            BY ADVS.
            SRI.AKHIL SUSEENDRAN
            SRI.K.A.SALIL NARAYANAN
            SRI.P.K.VIJAYAMOHANAN
            SMT. AISWARYA V.S.


            SRI.V. K. SUNIL ,GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
31.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2025:KER:82417


WP(C) NO. 19424 OF 2025             3




                                JUDGMENT

The petitioner availed two loans from the 2 nd

respondent bank. On default being committed, proceedings

were initiated against the petitioner under the provisions of

the Kerala State Co-operative Agricultural Development Banks

Act, 1984 (hereinafter referred to as 'the Act') and the

property of the petitioner, which was mortgaged, was brought

to sale. The property was sold in auction on 25.03.2025 and

the same was purchased by the 4th respondent.

2. The petitioner filed Ext.R2(f) representation before

the Hon'ble Chief Minister of Kerala. The representation was

duly forwarded for consideration of the Deputy Registrar, who,

by Ext.R2(g) informed the petitioner that he could opt to set

aside the sale in terms of the provisions contained in Section

21 of the Act. Ext.R2(g) was issued on 19.04.2025. It is to be

noted that, going by the provisions of Section 21 of the Act, the

petitioner had one month time from 25.03.2025 to make an

application for setting aside the sale. However, the petitioner

chose not to file any application for setting aside the sale and 2025:KER:82417

approached this Court by filing the above writ petition on

23.05.2025.

3. The petitioner was also informed by Ext.P3 that he

could opt to set aside the sale. According to the petitioner, a

glance at Ext.P3 will show that the notice was issued only on

15.04.2025, which is after the sale on 25.03.2025.

4. A counter affidavit has been filed by the 2 nd

respondent bank. According to the 2nd respondent, Exhibit P3

was only a notice calling upon the petitioner to exercise option

to set aside the sale within the time specified under the

provisions of Section 21 of the Act. The 2 nd respondent has

produced Exhibit R2(a), a communication dated 12.05.2025

issued by the Assistant Registrar (General), Alathoor to the

Joint Registrar (General), Palakkad, regarding confirmation of

sale. The 2nd respondent has also produced Exhibit R2(b)

notice dated 03.10.2023 issued to the petitioner calling upon

the petitioner to pay the liability under the loan accounts in

question. The 2nd respondent has produced Exhibit R2(c)

notice dated 09.02.2024 issued by the Special Sale Officer,

informing the petitioner that the property will be sold in 2025:KER:82417

auction unless the liability to the 2 nd respondent bank is settled

within 30 days of the notice. The 2nd respondent has also

placed on record along with Exhibit R2(c), the postal

acknowledgment card showing the receipt of notice by the

petitioner. Exhibit R2(d) and R2(e) are the sale notices issued

in the month of February 2025. It is the case of the 2 nd

respondent that the sale was originally scheduled on

20.03.2025 and on the request of the petitioner, the sale was

adjourned to 25.03.2025.

5. Learned counsel appearing for the 4th respondent

submits that the 4th respondent has purchased property in

auction and has also remitted the entire amount towards sale

consideration. It is submitted that, on account of the interim

order issued by this Court, no action has been taken on Exhibit

R2(a) communication and the sale has not yet been confirmed.

6. Having heard the learned counsel for the

petitioner, the learned counsel appearing for the

respondent Bank and the learned counsel appearing for

the 4th respondent, I am of the view that the petitioner 2025:KER:82417

has not made out any case for interference with the

proceedings culminating in the sale of the property of the

petitioner. It is clear from the documents produced along

with the counter affidavit filed by the respondent Bank

that the petitioner had been given several opportunities to

clear the liability and also to apply to set aside the sale in

compliance with the provisions contained in Section 21 of

the Act. The petitioner did not choose to utilize any of

these opportunities.

7. When this matter came up for consideration

before me on 16.10.2025, at the request of the learned

counsel for the petitioner, I had adjourned this matter to

enable the petitioner to settle the matter with the auction

purchaser, who had paid the entire amount to the

respondent Bank.

8. The learned counsel appearing for the auction

purchaser submits that even though this Court had

indicated to the petitioner that the matter must be settled 2025:KER:82417

with the auction purchaser and had also given two weeks

time to the petitioner to approach the auction purchaser,

the petitioner did not care to approach the auction

purchaser. This indicates that the petitioner is not

interested in settling the matter with the auction

purchaser. Finding no illegality in the proceedings

initiated by the respondent Bank, I am of the opinion that

no relief can be granted to the petitioner in this writ

petition.

The writ petition fails and it is, accordingly,

dismissed.

Sd/-

GOPINATH P. JUDGE ajt/DK 2025:KER:82417

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE NOTICE OF SALE DATED 22.03.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P2 . THE COPY OF THE NOTICE NO. EP 80/24, 81/24 DATED 25.03.2025 INTIMATING THIS REGARDING THE AUCTION Exhibit P3 THE COPY OF THE NOTICE DATED 15.04.2025 RESPONDENT EXHIBITS

Exhibit R2 (a) The true copy of the communication No. ARGALR/202/2025—01 Dated 12.05.2025 from the Assistant Registrar to the Joint Registrar (General), Palakkad Exhibit R2(b) notice The trye copy of the dated 03.10.2023 issued by the Bank to the petitioner Exhibit R2 (c) The true copy of the notice No. E P 81/24,and E P 80/2024 dated 09/02/2024 served by the 3rd respondent to the petitioner and his daughter by persosnal service and one by registered post with their acknowldgement Exhibit R2 (d) The true copy of the Notice dated 14.02.2025 issued by the 3rd respondent under Rule 8 for sale of the property broposed to 20.05.2025

Exhibit R2 (e) The true copy of the Notice dated 14.02.2025 issued by the 3w respondent for under Rule 8 sale of the broperty proposed to 20.05.2025

Exhibit R2 (f) The true copy of the representation before the Complaint redressal cell, office of the Chief minister Exhibit R2 (g) The true copy of the reply furnished by the Joint Registrar to the petitioner, under file No. JRGPKD/1050/2024-P2 Dated 19.04.2025, Exhibit in replay to his R2 (f) representation Exhibit R2 (h) The true copy of the Valuation Certificate No. 168/2025 Dated 24.03.2025 issued by the Village Officer, Kottayi — I Village 2025:KER:82417

Exhibit R2 (i) The true copy of the Valuation Certificate Dated 15.03.2025 issued by this deponent in her capacity as the Secretary of the Bank i Exhibit R2 (j) The true copy of the Valuation Certificate Dated 18.03.2025 issued by Engineer Nazar A., B. Tech (Civil) AMIE, Chartered Engineer Exhibit R2 (k) The true extract of the Auction Diary of the 3t respondent Sale Officer in respect of EP Nos. 80/2024 and 81/2024, which is self- explanatory of all the steps taken by him for the auction i Exhibit R2 (l) The true copy of the complaint Dated 29.05.2025 filed by the Branch Manager of the Bank before the SHO, Kottayi Police Station EXHIBIT R4(A) true copies of the Receipts Dated 25.03.2025 EXHIBIT R4(B) The true copies of the Receipts Dated 10.04.2025