Disposed

K.v.Balachandran v. Dist.Collector,Kannur

Kerala HC19 Jul 2007RP/951/2004

Case brief

AI extract

What is this about?

In this review petition challenging a judgment regarding a one-time settlement and property dispute, the court clarified the jurisdiction of the Joint Registrar of Co-operative Societies. The court relegated the petitioner's grievances to the Joint Registrar for confirmation of the sale and re-auction considerations. Proceedings are deferred for four months.

What did the court decide?

Further proceedings deferred for four months; petitioner relegated to Joint Registrar of Co-operative Societies to pursue grievances regarding sale confirmation and one-time settlement.

K.v.Balachandran Vs Dist.Collector,Kannur — Company and Corporate | Kerala HC (2007)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929

¶4

RP.No. 951 of 2004(A) --------------------AGAINST THE JUDGEMENT/ORDER IN OP.28355/2002

¶5

PETITIONER/REVIEW PETITIONER:

¶6

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

¶7

K.V.BALACHANDRAN, SON OF KUNHAPPA PODUVAL, AGED ABOUT 38 YEARS, RESIDING AT KAKKARA, KAKKARA P.O., (VIA) M.M.BAZAR KANNUR DISTRICT.

¶8

BY ADV. SRI.V.RAJAGOPAL

¶9

RESPONDENTS: RESPONDENTS:

¶10

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

¶11

1. THE DISTRICT COLLECTOR, KANNUR.

¶12

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR.

¶13

3. THE SPECIAL SALES OFFICER, THALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.C.1007, PAYYANNUR P.O.

¶14

4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KANNUR.

¶15

5. THALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.C.1007, PAYYANNUR, REPRESENTED BY SECRETARY.

¶16

BY ADV. SRI.M.SASINDRAN GOVERNMENT PLEADER SMT. K.R.DEEPA

¶17

THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/07/2007,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

KURIAN JOSEPH, J.

¶19

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

¶20

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

¶21

Dated this the 19^th day of July, 2007.

¶22

O R D E R

¶23

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.

¶24

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.

¶25

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.

¶26

R.P. NO. 951/04

¶27

¶28

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.

¶29

KURIAN JOSEPH, JUDGE.

¶30

smp

K.v.Balachandran v. Dist.Collector,Kannur

Case brief

What is this about?

What did the court decide?

K.v.Balachandran v. Dist.Collector,Kannur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kunju Ezhuthassan Vs the R.D.O.

Kuttappan Vs State of Kerala

Vasanthan P. Vs Anil Kumar

Santha Mathew Vs Addl.District Magistrate,Ernakulam

Muhammedkutty Vs Mukkom Service Co-Op. Bank Ltd. NO.F.1241

K.Gopalan Vs Principal Agrl.Officer, Kozhikode