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High Court of KeralaWP(C)/9318/2015disposed of

K.Sreedharan Nair v. State Of Kerala

2015-03-26Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WP(C).No. 9318 of 2015 (L) --------------------------- PETITIONER:

------------------ K.SREEDHARAN NAIR, S/O. KUNHIRAMAN NAMBIAR, PAVANDOOR NANMANDA, KOZHIKODE PIN 673 613.

BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS:

----------------------- 1.

STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2.

THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO. 4362, P.O. PUTHIYARA, KOZHIKODE, CALICUT -4 673 004. R2 BY ADV. SRI.THOMAS ANTONY BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 9318/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RELEVANT PAGES OF THE LOAN PASS BOOK ISSUED BY 2ND RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER.

EXHIBIT P3 :

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT FOR BENEFITS UNDER ASWAS SCHEME 2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 9318 OF 2015 ------------------------------------ Dated this the 26th day of March, 2015

JUDGMENT

The sale of the property conducted on 05.06.2003 was confirmed as early as on 06.10.2006. But still the second respondent bank is willing to reconvey the property to the petitioner. This is purely by way of concession and subject to the following condition. The bank insists on the deposit of `7,98,570/- by the petitioner on or before 31.03.2015. 2.

The bank points out that the benefit of 'Ashwas 2015' scheme is extended to the petitioner. This is so notwithstanding the fact that the petitioner is not strictly entitled to the benefit. The amount of `7,98,570/- has been arrived at in accordance with the scheme. It is upto the petitioner to deposit the amount to retrieve the property if he so wants.

No other reliefs are warranted in this writ petition. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd