Kerala High Court
1. Ashokan S vs 1. The Assistant Registrar Of ... on 21 October, 2025
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W.P (C) No.36336/2023 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 36336 OF 2023
PETITIONER/S:
1 ASHOKAN S
AGED 58 YEARS, ARYA BHAVAN, MYLAKKARA, KUTTIYANIKKADU,
KEEZHAROOR P.O., KATTAKADA THALUK THIRUVANANTHAPURAM
DIST., PIN - 695124
2 SHEEJA A.
AGED 42 YEARS
ARYA BHAVAN, MYLAKKARA, KUTTIYANIKKADU, KEEZHAROOR
P.O., KATTAKADA THALUK, THIRUVANANTHAPURAM DIST., PIN -
695124
BY ADVS.
SHRI.SINU.G.NATH
SRI.S.M.RAJEEVAN
RESPONDENT/S:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KATTAKADA
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KATTAKADA, THIRUVANANTHAPURAM
DIST., PIN - 695572
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KATTAKADA THALUK
CIVIL STATION , KATTAKADA, THIRUVANANTHAPURAM DIST.,
PIN - 695572
3 KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD NO.T-2037
MALAYINKEEZHU , MALAYINKEEZHU P.O., KATTAKADA THALUK,
THIRUVANANTHAPURAM DIST THROUGH SECRETARY, PIN - 695571
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W.P (C) No.36336/2023 -2-
BY ADVS.
SHRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SMT. SHEEJA C.S., GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2023, THE COURT ON 21.10.2025 DELIVERED THE FOLLOWING:
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W.P (C) No.36336/2023 -3-
JUDGMENT
This writ petition was filed challenging the proceedings initiated by the
3rd respondent bank to recover amounts due under a loan availed by the
petitioners originally from the Neyyattinkara Primary Co-operative
Agricultural and Rural Development Bank Ltd. On the bifurcation of
Neyyattinkara Taluk and formation of Kattakada Taluk the 3 rd respondent co-
operative bank was formed and the loans from the area coming under
Kattakada Branch including the loans of the petitioners were taken over by
the 3rd respondent. This writ petition has been filed seeking the following
reliefs:-
"1. Issue a writ of Mandamus or any other writ order or
direction of appropriate nature, directing the Respondents to
desist from recovery proceedings pursuant to Exhibit P-4 sale
notice finding that the same is issued pursuant to Arbitration
Award wherein appeal remedy is available.
2. Issue a writ of Mandamus or any other writ order or
direction of appropriate nature, directing the Respondents to
regularize and reschedule the loans or in the alternative to
grant installment facility to repay the loans.
3. Issue a writ of Mandamus or any other writ order or
direction of appropriate nature, directing the Respondents to
grant installment facility to repay the loan."
2. The learned counsel appearing for the 3rd respondent submits that
the sale which was impugned in the writ petition was conducted on 13-04-
2021 and the writ petition itself was filed only in the year 2023. It is
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submitted that by an interim order dated 06-11-2023, this court had directed
stay of further proceedings pursuant to Ext.P4 on condition that the
petitioners deposit a sum of Rs.1,00,000/- within a period of one month. It is
submitted that the petitioner remitted only a sum of Rs.50,000/- on 20-12-
2023 which is after the date of sale confirmation by the Joint Registrar on
30-09-2023. It is submitted that notwithstanding the above, if the petitioners
are willing to make an application to the bank to pay the entire amount due to
the bank along with interest and costs upto date, the sale can be set aside as
the property was purchased by the 3rd respondent bank itself in the auction.
3. Having heard the learned counsel for the petitioners and the learned
counsel for 3rd respondent, I am of the opinion that none of the reliefs sought
for in the writ petition can be granted as the sale which is impugned in and
this writ petition was held on 30-04-2021 and was confirmed on 30-09-2023,
whereas this writ petition itself was filed only in the month of November,
2023. Further the petitioners have not complied with the condition imposed
in the interim order dated 06-11-2023. However, taking into consideration
extremely fair stand taken by the respondent bank, this writ petition is
disposed of directing that if the 3rd respondent were to make an application to
the respondent bank for setting aside the sale and remits the entire amount
due to the bank together with upto date interest and costs incurred by the
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bank in conduct of the sale of the property including the costs for any re-
conveyance, the competent authority of the 3rd respondent shall consider the
same provided the application is filed within one month from today. If no
application is filed within the time permitted, the sale can be confirmed by the
bank and the petitioners will not be entitled to the relief granted in this writ
petition.
Writ petition is disposed of accordingly.
Sd/-
GOPINATH P.
JUDGE
AMG
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APPENDIX OF WP(C) 36336/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PASSBOOK IN LOAN NO. NH
45/14 OF NEYYATTINKARA PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
NO T-417
Exhibit P-2 TRUE COPY OF THE PASSBOOK IN LOAN NO. DD 1/17
AVAILED FROM THE 3RD RESPONDENT BANK
Exhibit P-3 TRUE COPY OF THE PASSBOOK IN LOAN AGAINST
CHITTY NO. MSS NO.2/16 AVAILED FROM THE 3RD
RESPONDENT BANK
Exhibit P-4 TRUE COPY OF SALE NOTICE DT. 05/02/2022 IN EP
Exhibit P- 5 TRUE COPY OF THE REPRESENTATION DATED
06/06/2023 FILED BEFORE THE RESPONDENTS AND
OTHERS
Exhibit P-6 TRUE COPY OF THE LETTER BEARING NO.
ARGKTD/615/2023UI(2) DATED 03/07/2023
