High Court Kerala High Court

K.V.Balachandran vs The District Collector on 19 July, 2007

Kerala High Court
K.V.Balachandran vs The District Collector on 19 July, 2007
       

  

  

 
 
  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.
               ---------------------------------------
                      R.P. NO. 951 OF 2004
                                 IN
                     O.P. NO. 28355 OF 2002
               ---------------------------------------
             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