IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16020 of 2009(V)
1. SURESH.P.S., AGED 28 YEARS,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE SPECIAL SALE OFFICER,
3. THE COCHIN CO-OPERATIVE AGRICULTURAL
For Petitioner :SRI.M.V.BOSE
For Respondent :SRI.T.R.HARIKUMAR.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/06/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.16020 OF 2009
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Dated this the 12th day of June, 2009.
JUDGMENT
Heard the counsel for the petitioner and the standing
counsel appearing on behalf of the 3rd respondent and also
the Government Pleader appearing for respondents 1 and 2.
2. Petitioner is the son of Late Sukumaran who had
availed of a loan from the 3rd respondent Bank. Ext.P1 is the
certificate which certifies that the loanee expired on
12.8.2007. It is stated that the loanee had a wife and three
children and petitioner is one among the children. It is
stated that they were served Ext.P2 notice for realization of
the dues that the deceased owe to the 3rd respondent bank.
According to the petitioner the said notice was not
preceded by any other proceedings with notice to the legal
representatives including those in compliance with Rule 74
(4) of the Kerala Co-operative Societies Rules. It s on this
basis the proceedings are challenged.
WP(c).No.16020/09 2
3. Standing Counsel appearing for the respondent Bank
also concedes to the position that notice was not given to all
legal heirs. If that be so, I cannot hold that the procedure
under Section 74(4) has been complied with. In view of this,
the steps culminating in Ext.P2 will stand adjourned and
should be resumed only after complying with the statutory
requirements.
Petitioner undertakes that he will furnish names and
address of the legal heirs to the bank within one week from
today and I record this submission.
The writ petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.16020/09 3