Disposed

T.S. Pushpavally v. Joint Registrar of Co-Op.Societies(Gnrl)

Kerala HC7 Feb 2008WP(C)/505/2008

Case brief

AI extract

What is this about?

The Court disposed of a writ petition by directing that the amount due from the petitioner be fixed per the one-time settlement scheme with interest. The petitioner was ordered to deposit Rs. 3,00,000 in a suspense account, and a statement of account to be issued to release property documents upon payment.

What did the court decide?

Order to deposit Rs. 3,00,000 in suspense account; direction to issue statement of account before releasing property documents.

T.S. Pushpavally Vs Joint Registrar of… — Banking and Recovery | Kerala HC (2008)

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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 THOTTATHIL B.RADHAKRISHNAN

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THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929

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WP(C).No. 505 of 2008(I)

PETITIONER:

T.S. PUSHPAVALLY, AGED 46 YEARS, W/O. RAVI @ RAVEENDRAN, AYKKARAYIL, KEEZHPADAM, P.O. MUNDUR, PALAKKAD DISTRICT.

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BY ADV. SRI.C.K.RAMAKRISHNAN

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RESPONDENTS:

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD.

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SPECIAL SALE OFFICER OF PALAKKAD CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD., PALAKKAD.

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THE PALAKKAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, PALAKKAD.

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FOR R1 AND R2 SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM FOR R3ADV. SRI.T.K.CHINNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B. RADHAKRISHNAN, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 505 of 2008-I

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Dated this the 7^th day of February, 2008

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Having heard counsel for the parties, I am of the view that ends of justice would stand satisfied if, following Ext.P2 and communication dated 25/11/2004 issued by the Secretary of the third respondent to the petitioner, the amount due from the petitioner is fixed as per the one time settlement scheme, i.e., the amount that was due as on 31/12/2004 and adding thereto running interest at P.L.R rate, and if the bank insists, on payment of that amount along with such minimum amount as could be spent for the proceedings till now. The petitioner shall deposit an amount of Rs.3,00,000/- with the bank within a period of one month from now. Let that amount be placed by the bank in a suspense account to be credited in terms of what is stated.

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The learned counsel for the petitioner now submits that his party has entered into an agreement by which he will be able to sell off the property to a third party. Under such circumstances, it is

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W.P.(C).No.505/2008-I

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-: 2 :-

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also directed that if the petitioner appears before the Secretary of the Bank, a statement of account will be issued to him. On receipt of the amounts under that statement, the bank shall release the documents relating to the property. If the petitioner has any further grievance, he can work it out before appropriate statutory authorities.

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This writ petition is disposed of as above.

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THOTTATHIL B.RADHAKRISHNAN, Judge

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T.S. Pushpavally v. Joint Registrar of Co-Op.Societies(Gnrl)

Case brief

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T.S. Pushpavally v. Joint Registrar of Co-Op.Societies(Gnrl)

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