Anilkumar vs Secretary, Descent Junction Ser.Co.Op.Ba

Type Court Judgment Court Kerala Decided Jun 27, 2023

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Citation: sooperkanoon.com/1366408
Court: Kerala High Court
Judge: Honourable Dr. Justice a.K.Jayasankaran Nambiar
Decided On: Jun 27, 2023
Case Number: WP(C)/2625/2007

Parties & Advocates

Appellant / Petitioner

Anilkumar

Respondent

Secretary, Descent Junction Ser.Co.Op.Ba

Excerpt

.....state. on a consideration of the rival submission, i am of the view thatthe action against the sale conducted at the instance of the bank was not impugned till almost two years later, by which time the sale certificate had already been issued in favour of the 4 th respondent, and the property had passed hands in favour of the 4 th respondent. it is also relevant to note that the proceedings evidenced by ext.p3 award had culminated even before the death of smt. devaki, and no action was taken during the period when she was alive to impugn the award. under such circumstances, the belated challenge to the sale certificate by the petitioners, who claim to be the legal heirs of smt. devaki appears to be an afterthought to frustrate the efforts of the 1 st respondent to realise the defaulted loan amounts. i see no merit in the contentions raised in the writ petition, and for the reasons stated above, the writ petition fails and is accordingly dismissed.sd/- a.k.jayasankaran nambiar judge mns :4: appendix petitioners exhibits exhibit p1: death certificate dated 19.09.2006 issued by the registrar birth and issued by the adichanalloor grama panchayath exhibit p2: power of attorney dated 31.3.2006 executed by mr.shivanandan, mr.sundarn, smt.saraswathy, smt.santha in favour of the petitionersexhibit p3: award passed by 2nd respondent dated 17.12.2004. exhibit p4: news paper report found in kerala kaumudi daily dated 4.7.05 exhibit p5: communication alleged to have been sent by the 2nd respondent dated 26.07.2005 to the deceased devaki exhibit p6: death certificate of mr.asokan dated 19.10.04 issued by the registrar birth and death respondents exhibits: ext.r4(a):true copy of the auction notice published by the first respondent bank in kerala koumudi daily dated 4.7.2005ext.r4(b):true copy of the letter no.a & e iii/135/05 dated26.07.2005 given to this respondent by the co-op. societies assistant registrar, kollam ext.r4(c):true copy of the order no.g/4/05 dated.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945 WP(C) NO. 2625 OF 2007 PETITIONER: MR.ANILKUMAR, AGED 48 YEARS S/O. KUNJIRAMAN, THODIYIL VEEDU, PERAYAM,, UMAYANALLOOR, ESTATE P.O., KOLLAM. BY ADV SRI.P.V.ANIL RESPONDENTS: 1 THE SECRETARY, DESCENT JUNCTION SER.CO.OP.BA CO-OPERATIVE BANK LIMITED, Q 133. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITES (GENERAL), KOLLAM. 3 THE SALE OFFICER DECENT JUNCTION SERVICE CO-OPERATIVE BANK LIMITED Q 133. 4 SMT.K.LEELA SHIVASHYLAM PERINAD P.O., KOLLAM. BY ADVS. SRI.K.K.GOPINATHAN NAIR SRI.T.R.HARIKUMAR SRI.K.K.RAJEEV SMT.R.RAMYA SRI.K.SUDHINKUMAR SRI.K.P.SATHEESAN (SR.) BY SR. GOVERNMENT PPLEADER SRI.JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :2:

JUDGMENT

This Writ Petition impugns Ext.P3 award of the Co-operative

Arbitration Court by which an item of property belonging to one Devaki, who had availed a loan from the 1 st respondent bank, was brought to sale for realisation of the defaulted loan amounts availed by her from the bank. It would appear that while the loan of Rs.50,000/- was availed on 24.07.2000 by offering a security of 58.5 cents of lands, the said Smt. Devaki did not repay the loan amount, and the property was brought to sale as afore noticed. After the passing of Ext.P3 award, the said Smt. Devaki died on 07.02.2004, as evidenced by Ext.P1 Death Certificate. Even before her death, proceedings had been initiated by the 1st respondent for bringing the property to sale for realisation of the defaulted loan amounts through a notice dated 12.12.2003. Thereafter, the property was sold to the 4 th respondent as evidenced by a sale certificate dated 06.09.2005 produced by the 1 st respondent along with a counter affidavit. This Writ Petition was filed in 2007 seeking to quash Ext.P3 award, inter alia, on the contention that before conducting the sale, the legal heirs of Smt. Devaki had not been issued with any notice, and the action of the 3rd respondent therefore was illegal.

2. I have heard Sri.P.V.Anil, the learned counsel for the petitioner and Sri.T.R.Harikumar, the learned counsel for the 1 st respondent. I :3:

have also perused the counter affidavit filed on behalf of the 4 th respondent and heard the learned Government Pleader for the official respondents of the State. On a consideration of the rival submission, I am of the view that

the action against the sale conducted at the instance of the bank was not impugned till almost two years later, by which time the sale certificate had already been issued in favour of the 4 th respondent, and the property had passed hands in favour of the 4 th respondent. It is also relevant to note that the proceedings evidenced by Ext.P3 award had culminated even before the death of Smt. Devaki, and no action was taken during the period when she was alive to impugn the award. Under such circumstances, the belated challenge to the sale certificate by the petitioners, who claim to be the legal heirs of Smt. Devaki appears to be an afterthought to frustrate the efforts of the 1 st respondent to realise the defaulted loan amounts. I see no merit in the contentions raised in the Writ Petition, and for the reasons stated above, the Writ Petition fails and is accordingly dismissed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns :4: APPENDIX PETITIONERS EXHIBITS EXHIBIT P1: DEATH CERTIFICATE DATED 19.09.2006 ISSUED BY THE REGISTRAR BIRTH AND ISSUED BY THE ADICHANALLOOR GRAMA PANCHAYATH EXHIBIT P2: POWER OF ATTORNEY DATED 31.3.2006 EXECUTED BY MR.SHIVANANDAN, MR.SUNDARN, SMT.SARASWATHY, SMT.SANTHA IN FAVOUR OF THE PETITIONERS

EXHIBIT P3: AWARD PASSED BY 2ND RESPONDENT DATED 17.12.2004. EXHIBIT P4: NEWS PAPER REPORT FOUND IN KERALA KAUMUDI DAILY DATED 4.7.05 EXHIBIT P5: COMMUNICATION ALLEGED TO HAVE BEEN SENT BY THE 2ND RESPONDENT DATED 26.07.2005 TO THE DECEASED DEVAKI EXHIBIT P6: DEATH CERTIFICATE OF MR.ASOKAN DATED 19.10.04 ISSUED BY THE REGISTRAR BIRTH AND DEATH RESPONDENTS EXHIBITS: EXT.R4(A):TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY THE FIRST RESPONDENT BANK IN KERALA KOUMUDI DAILY DATED 4.7.2005

EXT.R4(B):TRUE COPY OF THE LETTER NO.A & E III/135/05 DATED

26.07.2005 GIVEN TO THIS RESPONDENT BY THE CO-OP. SOCIETIES ASSISTANT REGISTRAR, KOLLAM EXT.R4(C):TRUE COPY OF THE ORDER NO.G/4/05 DATED 27.08.2005 ISSUED BY THE ASSISTANT REGISTRAR(GENERAL), KOLLAM CO-OPERATIVE SOCIETY EXT.R4(D):TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THIS RESPONDENT BY THE FIRST RESPONDENT DATED 20.09.2005 EXT.R4(E):TRUE COPY OF THE TAX RECEIPT DATED 7.10.2005 EXT.R4(F):TRUE COPY OF THE TITLE DEED DATED 22.12.1980 OF ASOKAN SHOWING THE PROPERTY OWNED BY HIM MORTGAGED TO THE BANK EXT.R1(A): A TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOLLAM, DATED 6.9.2005

//TRUE COPY// P.A TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Anilkumar vs Secretary, Descent Junction Ser.Co.Op.Ba Same Judge Honourable Dr. Justice a.K.Jayasankaran Nambiar