IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5348 of 2010(P)
1. ABDUL MAJEED, S/O. ABDUL KHADER,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. PAVARATTY SERVICE CO-OPERATIVE BANK
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.P.N.MOHANAN
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :21/05/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.5348 OF 2010
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Dated this the 21st day of May, 2010
J U D G M E N T
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The petitioner had availed a loan of Rs.25,000/- from the
2nd respondent Bank after mortgaging an extent of 5 cents of
property, comprised in survey No. 829 of Kandanissery Village,
Thalappilly Taluk, owned by him. However, the petitioner did
not repay the loan amount. Therefore, the Bank filed ARC No.
952/2000 and Ext.P1 award was passed against the petitioner.
Thereafter, the Bank filed E.P.No.148/2001 for execution of the
award. The property of the petitioner was sold in public auction
and was purchased by the Bank.
2. According to the petitioner, he was unable to attend
the proceedings before the Arbitration Court because he was
out of station for several years in connection with his
employment. The petitioner contends that this is the only
property owned by him. Therefore, if the property is not given
back to the petitioner himself and his family would be thrown
W.P.(C) No.5348/2010 2
out on the street. The petitioner has submitted representations
before the respondents expressing his willingness to pay
whatever amounts that may be found payable by him and
requesting them to reconvey his property to him. He prays for
appropriate directions for finally disposing of his
representations.
3. The counsel for the 2nd respondent submits that the
property could be reconveyed to the petitioner but only on
payment of all the amounts that are due to the bank. The
petitioner has no objection to pay whatever amount that may be
found due from him.
3. In the above circumstances, this Writ Petition is
disposed of directing the 1st respondent to consider Ext.P2
representation of the petitioner, after giving an opportunity of
being heard to both the petitioner as well as the 2nd respondent,
and to pass appropriate orders thereon for reconveying the
property of the petitioner to him, provided he pays all the
amounts that are due and payable by him to the 2nd respondent
W.P.(C) No.5348/2010 3
Bank. Orders as indicated above shall be passed, as
expeditiously as possible, at any rate, within a period of two
months from the date of production of a copy of this judgment.
(K.SURENDRA MOHAN, JUDGE)
ps