The court dismissed the writ petition as infructuous after counsel for the petitioners submitted that the matter had become so due.
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 EASWARAN S.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 16062 OF 2018
PETITIONERS:
1 C.T.KATHIRESAN AGED 68 YEARSAGED 68 YEARS,S/O.CHITHAMBARAN,18 MURI
LANE,MUNNAR.P.O,IDUKKI,PIN-685012.
2 K.T.NACHAMMAAGED 63 YEARS,W/O.KATHIRESAN,18 MURI
LANE,MUNNAR.P.O,IDUKKI,PIN-685012.
3 K.T.MUTHUKUMAR AGED 39 YEARS,S/O.KATHIRESAN,18 MURI LANE,MUNNAR.P.O,IDUKKI,PIN-685012.4K.T.RANGARAJAN
AGED 36 YEARS,S/O.KATHIRESAN,18 MURI
LANE,MUNNAR.P.O,IDUKKI,PIN-685012.
5 K.T.PALANIYAPPAN AGED 33 YEARS,S/O.KATHIRESAN,18 MURI LANE,MUNNAR.P.O,IDUKKI,PIN-685012.BY ADVS.
SRI.SREEKANTH S.NAIR
SRI.S.JATHIN DAS
RESPONDENTS:
1 DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL P.B.NO.4,ADIMALI,IDUKKI-685561.2 SECRETARY DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.136, P.B.NO.4, ADIMALI, IDUKKI-685561.3 SPECIAL SALE OFFICER DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.136, P.B.NO.4, ADIMALI, IDUKKI-685561.WP(C) NO. 16062 OF 2018 -2-
4SECRETARY
THE KERALA STATE FARMERS DEBT RELIEF
COMMISSION, THIRUVANANTHAPURAM, ANAYARA.P.O,
THIRUVANANTHAPURAM-695029.
5 JOINT REGISTRAR OF CO-OPERATIVE SOCIETY O/O THE JOINT REGISTRAR, IDUKKI, PAINAVU, IDUKKI-685561.6 STATE OF KERALA CO-OPERATION TOURISM AND DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY PRINCIPAL SECRETARY.BY ADVS.
SRI.P.CHANDY JOSEPH
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16062 OF 2018 -3-
JUDGMENT
The counsel for the petitioners submits that the
matter has become infructuous. Accordingly, the writ petition is dismissed as infructuous.
Sd/-
EASWARAN S.
JUDGE
vv
WP(C) NO. 16062 OF 2018 -4-
APPENDIX OF WP(C) 16062/2018
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COPY OF DOCUMENT NO.43/1986 DATED31.12.85 OF S.R.O.DEVIKULAM |
|---|---|
EXHIBIT P2 |
TRUE COPY OF SALE DEED N.670/2002 DATED19.4.2002 OF S.R.O.DEVIKULAM |
EXHIBIT P3 |
TRUE COPY OF SALE DEED NIO.1013/2003DATED 7.3.2003 OF S.R.O.DEVIKULAM |
EXHIBIT P4 |
TRUE COPY OF CERTIFICATE NO.190/18 DATED20.3.2018 ISSUED TO THE 1ST PETITIONER |
EXHIBIT P5 |
TRUE COPY OF LEASE LWA NO.14/96/A7COMMENCING FROM 27.6.1996 RELEVANT PAGES |
ONLY GRANTED IN FAVOUR OF 1ST PETITIONER |
|
EXHIBIT P6 |
TRUE COPY OF LEASE LWA NO.8/95/A5COMMENCING FROM 25.3.1995 GRANTED INFAVOUR OF 2ND PETITIONER RELEVANT PAGESONLY |
EXHIBIT P7 |
TRUE COPY OF THE LEASE LWA NO.15/96/A7COMMENCING FROM 27.6.1996 GRANTED INFAVOUR OF 3RD PETITIONER RELEVANT PAGESONLY |
EXHIBIT P8 |
TRUE COPY OF THE LEASE LWA NO.9/95/A5COMMENCING FROM 25.3.1995 GRANTED INFAVOUR OF 3RD PETITIONER RELEVANT PAGESONLY |
EXHIBIT P9 |
TRUE COPY OF THE LEASE LWA NO.16/95/A5COMMENCING FROM 25.3.1995 GRANTED IN |
FAVOUR OF RAJESWARI,DAUGHTER OF 1STRESPONDENT. |
|
EXHIBIT P10 |
TRUE COPY OF LEASE LWA NO.10/95/A5COMMENCING FROM 28.3.1995 GRANTED INFAVOUR OF 4TH PETITIONER RELEVANT PAGESONLY |
EXHIBIT P11 |
TRUE COPY OF THE LEASE LWA NO.4/96/A7COMMENCING FROM 25.4.1996 GRANTED INFAVOUR OF 5TH PETITIONER RELEVANT PAGESONLY |
EXHIBIT P12 |
TRUE COPY OF THE LEASE LWA NO.12/95/A7COMMENCING FROM 25.3.1995 GRANTED INFAVOUR OF 5TH PETITIONER RELEVANT PAGESONLY |
EXHIBIT P13 |
TRUE COPY OF THE LOAN SANCTIONED ORDERISSUED IN FAVOUR OF 1ST PETITIONER |
WP(C) NO. 16062 OF 2018 -5-
EXHIBIT P14 |
TRUE COPY OF THE NOTICE DATED 8.9.2009 |
|---|---|
AS E.P.NO.481/09-10 ISSUED BY THE 1STRESPONDENT TO THE 1ST PETITIONER |
|
EXHIBIT P15 |
TRUE COPY OF LOAN LEDGER OF LANO.IFD27/2004-05 AS LOAN STATUS CLOSED. |
EXHIBIT P16 |
TRUE COPY OF LOAN LEDGER OF LANO.LDS88/2004-05 AS LOAN STATUS CLOSED. |
EXHIBIT P17 |
TRUE COPY OF LOAN LEDGER OF LANO.MIS73/2004-05 AS LOAN STATUS CLOSED. |
EXHIBIT P18 |
TRUE COPY OF LOAN LEDGER OF LANO.CRS1/2012-13 DATED 25.07.2012. |
EXHIBIT P19 |
TRUE COPY OF LOAN LEDGER OF LANO.MIS6/2012-13 DATED 25.07.2012. |
EXHIBIT P20 |
TRUE COPY OF LOAN LEDGER OF LANO.LDS17/2012-13 DATED 25.07.2012. |
EXHIBIT P21 |
TRUE COPY OF NOTICE E.P.211/17 DATED13.11.2017 ISSUED BY THE 1ST RESPONDENT |
EXHIBIT P22 |
TRUE COPY OF NOTICE DATED 4.1.2018ISSUED TO 1ST PETITIONER |
EXHIBIT P23 |
TRUE COPY OF FINAL ORDER DATED 6.3.2018PASSEDBY4THRESPONDENTINR.P.NO.3047/17INAPPLICATIONNO.560876/15/ID. |
EXHIBIT P24 |
TRUE COPY OF LETTER NO.G.F.21/17-18/163/17-18 DATED 23.1.2018 ISSUED BY1ST RESPONDENT |
EXHIBIT P25 |
TRUE COPY OF REPRESENTATION DATED20.4.2018 SUBMITTED TO THE HON'BLEMINISTER OF CO-OPERATION |
EXHIBIT P26 |
TRUE COPY OF RECEIPT OF REGISTEREDLETTER NOS.57707747,577077733,5770776154AND 577077490 ISSUED RESPECTIVELY BY THEPETITIONERS |
EXHIBIT P27 |
TRUE COPY OF NOTICE DATED 18.4.2018 INE.P.NO.211/2017 ISSUED TO 1ST PETITIONER |
EXHIBIT P28 |
TRUE COPY OF COVER USED BY RESPONDENTS 1AND 2 TO ISSUE EXHIBIT P27. |
EXHIBIT P29 |
TRUE COPY OF CARD DATED 30.4.2018 ISSUEDFROMTHEHON'BLEMINISTER |
OFFICE,ACKNOWLEDGING THE PETITIONER'SREPRESENTATION. |
C.T. KATHIRESAN AND ORS
DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD AND ORS
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court