P.v.Annakutty v. Special Sale Officer
Case brief
What is this about?
Kerala High Court dismissed a review petition filed in a writ matter regarding auction sale proceedings. The court clarified that the order does not bar the petitioner from seeking remedies before the competent statutory authority concerning the sale conducted without notice.
What did the court decide?
The petition is dismissed with directions that no uncertainty is created regarding the petitioner's right to seek remedy before the competent statutory authority.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 RP.No. 1052 of 2008(E) ---------------------AGAINST THE JUDGEMENT IN WPC.27768/2008 Dated 18/09/2008 ....................
REVIEW PETITIONER(S):
P.V.ANNAKUTTY,W/O.V.J.JOSE, VATTAMTHOTTIYIL HOUSE MATTAKKARA PO., KOTTAYAM.
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENT(S):
- SPECIAL SALE OFFICER, KOTTAYAM CO.OP.URBAN BANK LTD.NO.421
- KOTTAYAM CO.OP.UTRBAN BANK LTD.NO.421 REP. BY ITS MANAGING DIRECTOR, THIRUNAKKARA, KOTTAYAM.
- MANAGING DIRECTOR, KOTTAYAM CO.OP.URBAN BANK LTD.NO.421, KOTTAYAM.
- ASST.REGISTRAR OF CO.OP.SOCIETIES (GENERAL), KOTTAYAM.
Issues for consideration
3 issues framed by the court
Whether a review petition in a writ matter regarding auction sale proceedings without notice can be entertained by the court.
Whether the issues regarding the sale proceedings without notice are to be adjudicated by the appropriate statutory authority instead of the court.
Whether the review order stands in the way of the petitioner seeking appropriate remedy before the competent authority.
Parties & counsel
- petitioner
P.V.Annakutty
- respondent
Joseph
- respondent
Special Sale Officer, Kottayam Co.Op.Urban Bank Ltd.No.421
- respondent
Managing Director, Kottayam Co.Op.Urban Bank Ltd.No.421
- respondent
Kottayam Co.Op.Urban Bank Ltd.No.421
Case details
As recorded by the court registry
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