Kerala High Court
Vilappil Service Co-Operative Bank ... vs The Joint Registrar Of Co-Operative ...
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 21ST DAY OF MAY 2014/31ST VAISAKHA, 1936
WP(C).No. 6143 of 2014 (P)
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PETITIONER:
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VILAPPIL SERVICE CO-OPERATIVE BANK LIMITED AGED 53 YEARS
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:
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695 001.
2. V.K.MOHANKUMAR
S/O. KESAVA PILLAI, 'KARTHIKA', ANAYARA P.O.
TC 76/2062, 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 ON
21-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6143 of 2014 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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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 THE 1ST RESPONDENT.
P4 : COPY OF THE HEARING NOTICE ISSUED BY THE 1ST RESPONDENT,
DTD.23.1.2014.
RESPONDENTS' EXHIBITS NIL
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JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN,J.
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W.P(C) NO. 6143 OF 2014
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Dated this the 21st May, 2014.
JUDGMENT
The petitioner has filed ARC 26/2014 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 WPC 6143/2014 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 ARC 26/2014 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/
WPC 6143/2014 3