George Mathew vs Meenachil Co-Operative … on 2 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22010 of 2005(T)


1. GEORGE MATHEW,
                      ...  Petitioner

                        Vs



1. MEENACHIL CO-OPERATIVE (AGRICULTURE
                       ...       Respondent

2. SPECIAL SALE OFFICER,

                For Petitioner  :SRI.LIJI.J.VADAKEDOM

                For Respondent  :SRI.T.S.RADHAKRISHNA PILLAI

The Hon'ble MR. Justice J.M.JAMES

 Dated :02/02/2007

 O R D E R
                                 J.M.JAMES, J.

                           - - - - - - - - - - - - - - - - - - - -

                      W.P.(C) No.  22010  of   2005 (T)

                          -  - - - -  - - - - - - - - - - - - - - -

                   Dated this the 2nd day of February, 2007


                                J U D G M E N T

The writ petitioner filed this writ petition, on

22/07/2005, praying to quash Exhibit P1 notice dated

20/06/2005, issued to the writ petitioner, informing him of the

sale of his property through public auction.

2. At the time of admission on 25/07/2005, this

Court passed the following order:-

“Urgent notice before admission to R1.

Government Pleader takes notice for R2.

Interim stay as prayed for, on condition that the

petitioner deposits an amount of Rs.11,000/-

(Rupees Eleven Thousand only) per month

payable on or before 20th of every month

commencing from August 2005. If the petitioner

commits default in any deposit as aforesaid, this

order will stand automatically recalled.”

3. The writ petition has been brought up for

hearing, at the instance of the first respondent. The learned

counsel for the first respondent submits that the directions

W.P.(C) No.22010/2005 (T)

2

contained in the order dated 25/07/2005, as quoted above, had

not so far been complied with. It is also submitted that as the

matter is pending, the first respondent had not so far taken any

coercive action against the writ petitioner.

4. In the above circumstances, in order to avoid an

adverse action on the writ petitioner, I dispose of the writ

petition, directing the writ petitioner, if so advised, to approach

the first respondent, with an one time settlement application,

within ten days from today. The first respondent shall, hear the

writ petitioner and dispose of the application, on merit, within

three weeks thereafter. I am not intending to pass any other

order on merit.

5. The first respondent shall be at liberty to

proceed against the writ petitioner, according to the law, in the

event of failure on his part to comply with the conditions

contained herein.

(J.M.JAMES)

Judge

ms