Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE17H DAY OF FEBRUARY201428TH MAGHA, 1935 WP(C).No. 27892 of 2013 (J) ---------------------------- PETITIONER(S): ----------------------- SALILA, W/O.LATE P.P. SATHYAN, AGED47YEARS, PANDARAPARAMBIL, PONJIKKARA, MULAVUKAD, ERNAKULAM, MULAVUKAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADVS.SMT.GISA SUSAN THOMAS, SMT.NITHYA PRATHAPAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF CO-OPERATION AND AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. THE SPECIAL SALE OFFICER/ JUNIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, KANAYANNUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK GROUP, PALARIVATTOM, ERNAKULAM- 682 025.
3. THE SECRETARY, KANAYANNUR CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO. E-326 , PALARIVATTOM, ERNAKULAM, PIN -682 025.
4. V.U.AFSAL, S/O.USMAN, AGED32YEARS, VALEPPILLY, THRIKKANARVATTOM NORTH VILLAGE, PUTHUPALLIPRAM KARA P.O,EDAPPALLY, ERNAKULAM, PIN- 682 024. R1 & R2 BY GOVT. PLEADER MR.JOSEPH GEORGE. R3 BY ADV. SRI.VARGHESE P.CHACKO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1702-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 27892 of 2013 (J) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT DATED1109-2009 EXECUTED BETWEEN P.P. SATHYAN AND V.U AFSAL. EXHIBIT P2 THE COPY OF THE RECEIPTS SHOWING PAYMENTS. EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED2703-2012 ISSUED TO THE4H RESPONDENT FROM THE2D RESPONDENT. ERXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED0509-2012 ISSUED TO THE4H RESPONDENT FROM THE2D RESPONDENT. EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT DATED2805-2013 FILED BEFORE THE SHO PALARIVATTOM AGAINST THE4H RESPONDENT AND ONE BABU. EXHIBIT P6 THE TRUE COP[Y OF THE DEATH CERTIFICATE OF P.P.SATHYAN DATED3008-2013. EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED1110-2013 FILED BY THE PETITIONER. EXHIBIT P8 TRUE COPY OF ACKNOWLEDGEMENT CARD. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 27892 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2014
JUDGMENT
The petitioner is aggrieved by the proceedings taken by the 2nd and 3rd respondents against the properties belonging to her deceased husband. Admittedly, the deceased husband had stood surety to a loan availed of by the 4th respondent. The properties belonging to the petitioner's deceased husband were also mortgaged to the 3rd respondent Society. It is submitted that the 3rd respondent is proceeding against the sureties properties without proceeding against the original debtors property. In any event, the petitioner has filed Ext.P7 representation in which she has merely sought for the details of the transactions in the loan account, in which the petitioner's husband had stood WPC.27892/2013 :
2. : surety. In such circumstance, Ext.P7 shall be considered by the respondent Bank and the details supplied within one week from the date of receipt of the copy of this judgment. Writ petition disposed of leaving open the petitioner's contentions. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge