IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24896 of 2009(F)
1. P.KUNHIKANNAN,AGED 60 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY SECRETARY
... Respondent
2. THE AUTHORIZED OFFICER/GENERAL MANAGER,
3. THE ARBITRATOR CUM SPECIAL SALE OFFICER,
4. THE JOINT REGISTRAR OF CO-OPERATIVES,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :29/09/2009
O R D E R
S.SIRI JAGAN
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W.P.(C) NO.24896 of 2009
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Dated this the 29th day of September, 2009
JUDGMENT
The petitioner is challenging proceedings initiated by
respondents 2 and 3 for recovery of loan accounts by sale of the
property mortgaged by the petitioner as security for loan
amount sanctioned to the petitioner, which he has not repaid.
Petitioner submits that he has filed Ext.P4 appeal before the 4th
respondent challenging the sale itself and the recovery
proceedings may be directed to be kept in abeyance till the 4th
respondent considers Ext.P4.
2. I have heard learned Government Pleader also. In
the nature of the order I propose to pass, I do not think it
necessary to issue notice to respondents 2 and 3 at this
juncture.
3. In the facts and circumstances, I dispose of this writ
petition with a direction to the 4th respondent to consider and
pass orders on Ext.P4 as expeditiously as possible, at any rate,
W.P.(C) NO.24896 of 2009 2
within two months from the date of receipt of a copy of this
judgment. Further proceedings pursuant to Ext.P2 shall be
kept in abeyance on condition that the petitioner pays an
amount of Rs.25,000/- on 15.10.09 and another Rs.50,000/- on
16.11.09. I make it clear that I have not expressed any opinion
on the maintainability of Ext.P4 or the merits of the contentions
in Ext.P4.
(S.SIRI JAGAN, JUDGE)
SPC