High Court of KeralaWP(C)/4377/2015disposed of

Swaminathan v. Joint Registrar Of Co-Operative Societies

2015-04-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 4377 of 2015 (V) --------------------------- PETITIONER:

------------------ SWAMINATHAN, S/O.VELAPPAN, PADINJARETHIL HOUSE, KULAPPADAM, KUMARAMPATHOOR P.O., MANNARKKAD, PALAKKAD.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS:

------------------------

1. JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, PALAKKAD - 678 001.

2. KUMARAMPATHUR HOUSING CO-OPERATIVE SOCIETY REPRESENTED BY ITS SECRETARY, KUMARAMPATHUR MANNARKKAD, PALAKKAD-678 583

3. ARBITRATOR/SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., KOZHIKODE REGION KOZHIKODE-673 001.

R2 BY ADV. SRI.V.M.KURIAN BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4377 of 2015 (V) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - TRUE COPY OF THE FORM NO.9 NOTICE ISSUED BY THE 3RD RESPONDENT DATED 29-5-2007 EXT.P2 - TRUE COPY OF THE ORDER NO.7774/2007/AEL PASSED BY THE 1ST RESPONDENT DATED 21-4-2008 EXT.P3 - TRUE COPY OF THE DISCHARGE SUMMARY FROM EMS MEMORIAL CO-OPERATIVE HOSPITAL, PERINTHALMANNA DATED 8-11-2007 EXT.P4 - TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR IN MOTHER CARE HOSPITAL, MANNARKKAD DATED 8-1-2015 EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 28-1-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P6 - TRUE COPY OF THE ORDER DATED 2-2-2015 BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 4377 OF 2015 ------------------------------------ Dated this the 7th day of April, 2015

JUDGMENT

The petitioner seeks re-conveyance of the property sold in execution. The second respondent Society is not averse to such request put in by the petitioner. But the second respondent Society insists that a sum of `5,67,521/- is due as on 01.04.2015. 2.

The said sum with interest thereon at 15% per annum shall be deposited within a period of six weeks from today. The sale in favour of the second respondent Society will stand annulled on such deposit. The petitioner can get the sale certificate cancelled after the deposit is made. The entries in the records can also be got reversed in favour of the petitioner. 3.

The petitioner will lose the benefit of this judgment if any default is committed in the deposit within the time stipulated.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd