Disposed

P.K.Balan v. Chavakkad Taluk Rural Housing Co-Operate

Kerala HC12 Oct 2009WP(C)/19923/2009

Case brief

AI extract

What is this about?

Petitioner sought reconveyance of property sold by respondent society after loan repayment became possible. Court directed society to disclose amount, petitioner to pay within four months, and society to reconvey upon receipt.

What did the court decide?

Directed respondent to intimate amount due within two weeks; petitioner to pay within four months; respondent to reconvey property upon receipt of payment.

P.K.Balan Vs Chavakkad Taluk Rural Housing Co-Operate — Cooperative Societies | Kerala HC (2009)

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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 S.SIRI JAGAN

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MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931

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WP(C).No. 19923 of 2009(I)

PETITIONER(S):

P.K.BALAN, AGED 62 YEARS, S/O.KANDAPPAN, PEMMATTU HOUSE, POST MULLASSERY, THRISSUR DISTRICT.

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BY ADV. SRI.P.VIJAYAKUMAR

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RESPONDENT(S):

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CHAVAKKAD TALUK RURAL HOUSING CO-OPERATIVE SOCIETY, REPRESENTED BY SECRETARY, POST PAVARATTY, THRISSUR DISTRICT.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, THRISSUR

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ADV. SRI.N.J.JOHNSON FOR R1

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G.P. SHRI.MUHAMMED HASHIM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN, J.

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==================

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W.P(C).No.19923 of 2009

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==================

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Dated this the 12^th day of October, 2009

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J U D G M E N T

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The petitioner claims to belong to a scheduled caste community. He took a loan from the 1^st respondent society. He did not repay the same. The society took coercive steps for recovery of the loan amount and ultimately the property belonging to the petitioner was purchased by the society for the amount due from the petitioner. That was in 24.10.2008. The petitioner now submits that he is now in a position to repay the loan amount due to the society and, on repayment of the amount, the 1^st respondent may be directed to reconvey the property to the petitioner.

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The 1^st respondent appears through counsel and submits that the society is prepared to reconvey the property, if the petitioner is prepared to pay the entire amount under the loan account. The petitioner is prepared to pay the same.

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Accordingly, this writ petition is disposed of with the following directions:

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The 1^st respondent shall intimate the petitioner the amount the petitioner has to pay under the loan account for reconveyance of the property, within two weeks. On receipt of the same, the petitioner shall pay the amount due so intimated. On receipt of the said amount,

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the 1^st respondent, as agreed, shall reconvey the property to the petitioner. The petitioner cannot protract the payment of the amount indefinitely. The petitioner shall pay the amount at least within four months. As soon as the amount is received, the 1^st respondent shall reconvey the property to the petitioner.

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sdk+

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Sd/S.SIRI JAGAN, JUDGE

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///True copy///

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P.A. to Judge

P.K.Balan v. Chavakkad Taluk Rural Housing Co-Operate

Case brief

What is this about?

What did the court decide?

P.K.Balan v. Chavakkad Taluk Rural Housing Co-Operate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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