Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE21T DAY OF MAY201431ST VAISAKHA, 1936 WP(C).No. 6143 of 2014 (P) --------------------------- PETITIONER: --------------- VILAPPIL SERVICE CO-OPERATIVE BANK LIMITED AGED53YEARS NO.2522, PEYAD, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS SECRETARY, ANIL KUMAR S/O. MADANAPPAN NAIR. BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS: ---------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001.
2. V.K.MOHANKUMAR S/O. KESAVA PILLAI, 'KARTHIKA', ANAYARA P.O. TC762062, THIRUVANANTHAPURAM-695 029.
3. KUMAR S/O. BALAKRISHNA PILLAI, VAZHAKILLAMPADU VATTATHUVILAKATH VEEDU, VILAPPILSALA THIRUVANANTHAPURAM-695 573.
4. SREEKALA W/O. KUMAR, VAZHAKILLAMPADU, VATTATHUVILAKATH VEEDU VILAPPILSALA, THIRUVANANTHAPURAM-695 573.
5. JAYASREE D/O. SARASWATHI AMMA, ARATHONIKUZHI VEEDU VILAPPIL SALA, THIRUVANANTHAPURAM-695 573. R BY GOVERNMENT PLEADER SHRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2105-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6143 of 2014 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1 : COPY OF THE PRIVATE COMPLAINT FILED BY THE PETITIONER BEFORE THE JFCM, KATTAKADA, DATED NIL. P2 : COPY OF THE PLAINT IN ARC NO.26/2014 OF THE FIRST RESPONDENT, FILED BY THE PETITIONER. P3 : COPY OF THE AFFIDAVIT AND PETITION FILED IN ARC NO.26/2014 BEFORE THE1T RESPONDENT. P4 : COPY OF THE HEARING NOTICE ISSUED BY THE1T RESPONDENT, DTD.23.1.2014. RESPONDENTS' EXHIBITS NIL ------------------------ JJ /TRUE COPY/ P.S.TO JUDGE K. SURENDRA MOHAN,J.
------------------------------- W.P(C) NO. 6143 OF2014---------------------------------- Dated this the 21st May, 2014. JUDGMENT
The petitioner has filed ARC262014 before the first respondent alleging that one Krishna Pillai had availed a loan of Rs.75,000/- from the bank on 10.10.2006. However, before creating an equitable mortgage he had fraudulently executed a settlement in respect of his property in favour of respondents 3 to 5. Thereafter, the respondents are alleged to have assigned the property to the second respondent. Upon coming to know of the above transactions, the petitioner has preferred a criminal complaint before the Judicial First Class Magistrate's Court, Kattakada alleging various offences punishable under the Indian Penal Code. The petitioner had also filed the ARC for necessary reliefs. The present complaint is that an interlocutory application filed along with the ARC seeking an interim direction against WPC61432014 2 further alienation of the property is still kept pending, without passing any orders thereon. The petitioner therefore seeks the issue of appropriate directions for the disposal of the said interlocutory application, expeditiously. The learned Govt. Pleader appears for the first respondent.
2. In view of the limited relief that is sought for, I do not consider it necessary to issue notice to the other respondents. It is sufficient that the interlocutory application is directed to be considered and disposed of expeditiously. This writ petition is therefore disposed of directing the first respondent to consider the unnumbered interlocutory application filed along with ARC262014 by the petitioner, evidenced herein by Ext.P3 in accordance with law, as expeditiously as possible and to pass appropriate orders thereon, at any rate within a period of four weeks of the date of production of a copy of this judgment by the petitioner. Sd/- K. SURENDRA MOHAN Judge jj /True copy/ WPC61432014 3