Disposed

Thooneri Narayanan v. the Joint Registrar of Co-Op. Societies

Kerala HC26 Aug 2008WP(C)/6891/2008

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking re-conveyance of auctioned property. The court directed the bank to maintain the property and consider the petitioner's request sympathetically upon payment of dues as determined by the general body.

What did the court decide?

Petitioner directed to pay dues determined by general body within one month; bank to maintain property and consider re-conveyance request; Writ disposed.

Thooneri Narayanan Vs the Joint Registrar of Co-Op… — Cooperative Societies | 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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TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930

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WP(C).No. 6891 of 2008(U)

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PETITIONER:

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THOONERI NARAYANAN, S/O. KORAN, AGED 78 YEARS, UCHILIKANDOTH HOUSE, MUZHAPPILANGAD AMSOM, DESOM, (P.O) MUZHAPPILANGAD, KANNUR DISTRICT.

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BY ADV. SRI.GEORGE MECHERIL.

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RESPONDENTS:

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR.

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2. THE CHOVVA CO-OPERATIVE RURAL BANK LTD., REPRESENTED BY ITS SECRETARY, KANNUR DISTRICT.

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SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R1, ADV. SRI.P.V.SURENDRANATH FOR R2.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.6891/2008-U:

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APPENDIX

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PETITIONERS' EXHIBIT:

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EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE.

prv.

THOTTATHIL B. RADHAKRISHNAN, J.

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W.P.(C).No.6891 of 2008-U

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Dated this the 26^th day of August, 2008.

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JUDGMENT

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1.Perused the writ petition and the counter affidavit.

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2.Heard learned counsel for parties.

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3.The petitioner has satisfied the conditions imposed by the different interim orders and have made payments thereby demonstrating clear bona fides for sympathetic consideration for reconveyance of property already bid in auction by the second respondent. However, the second respondent cannot be compelled to convene a general body meeting for that purpose, though only on the basis of a decision of the general body, could the property be transferred. Under such circumstances, it is ordered that if the

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petitioner pays the remaining amounts as may be determined by the general body within a period of one month from the date of communication of such decision, the general body will consider sympathetically the request of the petitioner for re-conveyance. To aid such process, it is ordered that the second respondent shall maintain the property in as is where is in condition until the general body meeting of the second respondent. With these directions, the writ petition is disposed of relegating the petitioner for consideration of his claim by the general body of the second respondent.

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THOTTATHIL B. RADHAKRISHNAN, JUDGE.

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Sha/280808

Thooneri Narayanan v. the Joint Registrar of Co-Op. Societies

Case brief

What is this about?

What did the court decide?

Thooneri Narayanan v. the Joint Registrar of Co-Op. Societies

Case brief

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