M.O Anto vs Peechi Service Co-Operative Bank Ltd. ...
2025 Latest Caselaw 8384 Ker

Kerala High Court

M.O Anto vs Peechi Service Co-Operative Bank Ltd. ... on 1 September, 2025

WP(C) NO. 32912 OF 2025
                                      1


                                                       2025:KER:66234

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

     MONDAY, THE 1ST DAY OF SEPTEMBER 2025 / 10TH BHADRA, 1947

                         WP(C) NO. 32912 OF 2025

PETITIONER:

          M.O ANTO
          AGED 60 YEARS
          S/O OUSEPH , MULAVARICKAL HOUSE, CHEENIKADAVU, PEECHI ,
          THRISSUR -, PIN - 680652


          BY ADVS.
          SMT.S.SUJINI
          SMT.POOJA VENKAT




RESPONDENTS:

    1     PEECHI SERVICE CO-OPERATIVE BANK LTD. NO. 935
          PEECHI ROAD JUNCTION ,PATTIKKAD P.O, THRISSUR -
          REPRESENTED BY IT'S MANAGER, PIN - 680562

    2     THE SPECIAL SALE OFFICER
          CHAZUR SCB GROUP, ASSISTANT REGISTRAR( GENERAL) OFFICE ,
          AYYANTHOLE, THRISSUR -, PIN - 680003

    3     ASSISTANT REGISTRAR
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES ( GENERAL) , SAHAKARANA BHAVAN , THRISSUR, PIN
          - 680003


              SMT.JESSY S.SALIM, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32912 OF 2025
                                2


                                                    2025:KER:66234


                          JUDGMENT

This Writ Petition is filed against Ext.P6 notice issued by

the 2nd respondent.

2. The illegality pointed out by the learned counsel

for the petitioner is that despite issuing Ext.P3 sale notice

showing a due amount of Rs.15,31,493/-, Ext.P6 is issued for the

recovery of Rs.49,00,000/-.

3. The petitioner has earlier moved this Court by

filing WP(C) No.7303/2024 in the same subject matter and it was

disposed of by this Court by Ext.P2 order.

4. Though the petitioner is now challenging a

different notice issued by the respondents, it is conceded by the

petitioner that he has not complied with the directions of this

Court in Ext.P2.

In such circumstances, this Court is not in a position to

entertain the present Writ Petition. However, it is open to the

petitioner to point out the defects if any in Ext.P6 by sending a

registered letter to the respondents. If such a notice is received

by the respondents within a period of seven days, they shall WP(C) NO. 32912 OF 2025

2025:KER:66234

proceed further pursuant to Ext.P6 only after considering the

letter, as per law.

This Writ Petition is disposed of.

Sd/-

P. KRISHNA KUMAR JUDGE Nsd WP(C) NO. 32912 OF 2025

2025:KER:66234

APPENDIX OF WP(C) 32912/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD 2025-26 PERTAINING TO 37.92 ARES OF PROPERTY LYING IN SURVEY NO. 2045/PT31 IN PEECHI VILLAGE , THRISSUR TALUK, THRISSUR LYING IN THE NAME OF THE PETITIONER Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 01.04.2024 Exhibit P3 TRUE COPY OF THE NOTICE OF SALE BY PUBLIC AUCTION DATED 02.07.2025 Exhibit P4 TRUE COPY OF THE LETTER DATED 02.08.2025 ADDRESSED TO THE 1ST RESPONDENT WITH COPY TO THE JOINT REGISTRAR, AYYANTHOLE Exhibit P5 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING SENDING OF EXHIBIT P4 REPRESENTATIONS BY REGISTERED POST Exhibit P6 TRUE COPY OF THE LETTER DATED 12.08.2025 ADDRESSED TO THE PETITIONER SENT BY THE 2ND RESPONDENT