Dismissed

A.T.Joseph v. Registrar of Co.Op.Societies

Kerala HC14 Mar 2007OP/4288/2003

Case brief

AI extract

What is this about?

The petitioner challenged an order refusing registration of release deeds for mortgage properties. The court noted dues and bank objections as the cause of non-registration. It dismissed the writ petition, stating the order was appealable and directing the petitioner to file an appeal within two months for a fresh consideration.

What did the court decide?

The petitioner was directed to file an appeal within two months for a fresh consideration of the request to register release deeds.

A.T.Joseph Vs Registrar of Co.Op.Societies — Cooperative Societies | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928

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OP.No. 4288 of 2003(I)

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

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PETITIONER:

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

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A.T. JOSEPH, ATHIYALIL, PONKUNNAM, KOTTAYAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT. TESSYKUTTY JOSEPH.

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BY ADV. SRI.V.GIRI

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RESPONDENTS:

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

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1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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2. ELAMGULAM SERVICE CO-OPERATIVE BANK LTD. NO.3576, H.O. KOORALI, KOTTAYAM DISTRICT REPRESENTED BY ITS ADMINISTRATOR.

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BY SPL.GOVT.PLEADER SMT.DEEPA SRI.TOM JOSE

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER ON CMP. NO.7588/2003 IN OP. NO.4288/2003

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DISMISSED

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14.03.2007

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SD/- KURIAN JOSEPH, JUDGE

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1:- COPY OF THE POWER OF ATTORNEY DT.9.9.99 ISSUED BY THE PETITIONER. EXT.P2:- COPY OF THE CERTIFICATE DT.3.11.01 CHIRAKADAVU, PONKUNNAM. EXT.P3:- COPY OF THE COMMUNICATION DT.24.9.98 ISSUED TO A DOCUMENT WRITER. EXT.P3(a):- COPY OF THE MORTGAGE DEED BEARING NO.722/94 OF KANJIRAPALLY SRO.

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EXT.P3(b):- COPY OF THE MORTGAGE DEED NO.5126/95 OF KANJIRAPALLY SRO. EXT.P4:- COPY OF THE COMMUNICATION DT.24.9.98 ISSUED TO A DOCUMENT WRITER. EXT.P4(a):- COPY OF THE MORTGAGE DEED NO.763/94 OF KANJIRAPALLY SRO. E.XT.P5:- COPY OF THE COMMUNICATION DT.24.9.98 ISSUED TO A DOCUMENT WRITER. EXT.P5(a):- COPY OF THE MORTGAGE DEED NO.785/95 OF KANJIRAPALLY SRO. EXT.P6:- COPY OF THE COMMUNICATION DT.24.9.98 ISSUED TO A DOCUMENT WRITER. EXT.P6(a):- COPY OF THE MORTGAGE DEED NO.1071/94 OF KANJIRAPALLY SRO.

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EXT.P7:- COPY OF THE RELEASE DEED DT.7.10.98 IN RESPECT OF THE MORTGAGE DEED NO.722/94.

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EXT.P8:- COPY OF THE RELEASE DEED DT.7.10.98 IN RESPECT OF THE MORTGAGE DEED NO.763/94.

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EXT.P9:- COPY OF THE RELEASE DEED DT.7.10.98 IN RESPECT OF THE MORTGAGE DEED NO.785/94.

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EXT.P10:- COPY OF THE RELEASE DEED DT.7.10.98 IN RESPECT OF THE MORTGAGE DEED NO.1071/94.

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EXT.P11:- COPY OF THE RELEASE DEED DT.9.10.98 IN RESPECT OF THE MORTGAGE DEED NO.5126/95.

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EXT.P12:- COPY OF THE PETITION DT.12.8.02 BEFORE THE 1ST RESPONDENT BY THE PETITIONER.

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EXT.13:- COPY OF THE ORDER BEARING CP.4/29082/02 DT.7.1.03 OF THE 1ST RESPONDENT.

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OP. NO.4288/2003

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RESPONDENTS EXHIBITS

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EXT..R2(a):- COPY OF THE SECURITY BOAN EXECUTED BY THEYAMMA JOSE AND SABU V.JOSE WITH REGARD TO THE PROPERTY FOR WHICH RELEASE DEED IS SOUGHT VIDE THE ABOVE ORIGINAL PETITION DT.5.3.94.

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EXT.R2(b):- COPY OF THE REPRESENTATION DT.20.11.98 PREFERRED BY SABU V.JOSE BEFORE THE 2ND RESPONDENT.

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/TRUE COPY/

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tss

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KURIAN JOSEPH, J.

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O.P.No.4288 of 2003

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---------------------------------------------Dated 14^th March, 2007. J U D G M E N T

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The writ petition is filed mainly with the following

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prayers :-

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(a) “Call for the records leading to Ext.P13 and quash the same by the issuance of a certiorari or any other appropriate writ, order or direction;

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(b) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent to register the release deeds in respect of the mortgage deeds 722/94, 763/94, 785/94, 1071/94 and 5126/95 of Kanjirapally SRO in the appropriate registry within a time limit to be fixed by this Hon'ble Court.”

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It is seen from the counter affidavit filed by the second respondent that only because of the dues to the bank, and the objection raised by the second respondent in that regard, the deed was not released. In case the petitioner has still any grievance left, it will be open to the petitioner to approach the Government, since Ext.P13 is an appealable order. In the event of the petitioner filing the appeal within two months from today, the same will be duly considered and appropriate orders in accordance with law with notice to the petitioner and the second respondent will be passed, within another four months.

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The writ petition is disposed of as above.

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KURIAN JOSEPH, JUDGE.

OP NO.

KURIAN JOSEPH, J

O.P.No.4288 of 2003

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J U D G M E N T

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Dated 14^th March, 2007.

A.T.Joseph v. Registrar of Co.Op.Societies

Case brief

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A.T.Joseph v. Registrar of Co.Op.Societies

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