The High Court dismissed the writ petition as withdrawn. The petitioner, having availed a loan, sought to quash sale notices. Upon the scheduled sale not materializing, the court permitted withdrawal of the petition with all legal contentions left open.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
WP(C).No. 3228 of 2018 (C)
PETITIONER
AISHA SURESH, W/O. SURESH, MADATHIPARAMBIL, SOUTH ADUVASSERY, KUNNUKARA VILLAGE, NORTH PARAVUR.
BY ADV.SRI.DEEPAK JOY.K.
RESPONDENTS
1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, KURUMASSERY BRANCH, REPRESENTED BY ITS BRANCH MANAGER 683 579.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM - 682 030.
3. ASSISTANT REGISTRAR/SPECIAL SALE OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, KAKKANAD, KOCHI - 682 030.
4. THE GENERAL MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, KAKKANAD 682 030.
5. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND AND REVENUE, THE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 TO R4 BY ADV. SRI.N.RAGHURAJ, SC. R5 BY Sr. GOVERNMENT PLEADER SMT. C.S. SHEEJA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Hr.........
24-02-2018
WP(C).No. 3228 of 2018 ©
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE PLAINT IN OS 8/2013 DATED 06-11-2012 FILED BY THE FIRST RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 DEMAND NOTICE IN EP 278/2014 ISSUED BY THIRD RESPONDENT. EXHIBIT P3 SALE PROCLAMATION NOTICE IN EP 278/2014 DATED 10-01-2018.
EXHIBIT P4 LETTER DATED 24-06-2015 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 4TH RESPONDENT.
RESPONDENT(S) EXHIBITS
EXHIBIT R1(A) TRUE PHOTOCOPY OF THE LETTER DATED 07-07-2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT R1(B) TRUE PHOTOCOPY OF THE DECISON TAKEN IN ADALATH ON 22-01-2016.
// TRUE COPY// P.S TO JUDGE.
Hr.........
24-02-2018
ANIL K.NARENDRAN, J.
----------------------------------------------- W.P.(C).No.3228 of 2018
Dated this the 21st day of February, 2018
J U D G M E N T
The petitioner, who availed a loan for 8,00,000/- from the 1₹ st respondent District Co-operative Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P2 and P3 notices issued by the 3rd respondent Special Sale Officer and for other consequential reliefs.
W.P.(C).No.3228 of 2018
2
may be permitted to withdraw this writ petition, leaving open all legal contentions raised in this writ petition.
In such circumstances, this writ petition is dismissed as withdrawn, leaving open all legal contentions raised by the petitioner.
Sd/-
ANIL K.NARENDRAN JUDGE
AV
Aisha Suresh
Ernakulam District Co-operative Bank
Joint Registrar of Co-operative Societies
Assistant Registrar/Special Sale Officer
General Manager, Ernakulam District Co-operative Bank
State of Kerala
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
