IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 951 of 2004(A)
1. K.V.BALACHANDRAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KANNUR.
... Respondent
2. JOINT REGISTRAR OF CO-OPERATIVE
3. THE SPECIAL SALES OFFICER,
4. THE GENERAL MANAGER,
5. THALIPARAMBA PRIMARY CO-OPERATIVE
For Petitioner :SRI.V.RAJAGOPAL
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :19/07/2007
O R D E R
KURIAN JOSEPH, J.
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R.P. NO. 951 OF 2004
IN
O.P. NO. 28355 OF 2002
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Dated this the 19th day of July, 2007.
O R D E R
This is a petition to review the judgment dated 03.11.2004
in O.P. 28355/2002. The petitioner claimed one-time settlement
and he was relegated to pursue the matter before the Joint
Registrar of Co-operative Societies, in view of the intervening
developments.
2. It is pointed out that the sale had already taken place
and the matter is pending before the Joint Registrar for
confirmation. It is to that Authority that the petitioner is to be
relegated. All the grievances the petitioner now taken in the
review petition can be pursued before the Joint Registrar and the
said Authority will take appropriate action in accordance with law.
3. The contention that only a part of the property was
sufficient to meet the debt and that the petitioner is entitled for
one-time settlement etc. will also be considered by the said
Authority. The further submission that the property could even
be put to re-auction is also a matter for the Joint Registrar to
consider.
R.P. NO. 951/04 2
Therefore, clarifying the position as above regarding the
jurisdiction of the Joint Registrar, this review petition is closed
further clarifying only that further proceedings shall be deferred
for a further period of four months so as to enable the Joint
Registrar to examine the case of the petitioner, within which time
the Joint Registrar shall decide the issue with notice to the
petitioner and the Bank.
KURIAN JOSEPH, JUDGE.
smp