Kerala High Court
The Panavally Rural Housing Co-Op vs The Joint Registrar Of Co.Op.Societies on 10 October, 2006
Author: K.Thankappan
Bench: K.Thankappan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12107 of 2006(N)
1. THE PANAVALLY RURAL HOUSING CO-OP.
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO.OP.SOCIETIES
... Respondent
2. THE ARBITRATOR,
3. P.V.VISWAMBHARAN, S/O.VELAYUDHAN,
4. ASST.REGISTRAR OF CO-OP.SOCIETIES
5. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.N.MOHANAN
For Respondent :SMT.K.V.RESHMI
The Hon'ble MR. Justice K.THANKAPPAN
Dated :10/10/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C) NO.12107 OF 2006
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Dated this the 10 th day of October, 2006
JUDGMENT
The petitioner - Society has approached this Court for a direction to the second respondent to take steps to give possession of the property to the petitioner as per Ext.P4 sale deed.
2. The third respondent who is a member of the Society availed of a loan from the Society. Since the loan amount was not repaid as agreed, the petitioner proceeded against the third respondent by filing an Arbitration Case. The Arbitrator passed Ext.P2 award in favour of the petitioner on the basis of which demand notice was issued to the third respondent. Inspite of the demand notice, the third respondent did not pay the amount. Hence sale notice was issued and the property mortgaged with the Society was sold in public auction. Since there was no one to purchase the property, the Society purchased the same and sale was confirmed. The grievance of the petitioner is that the third respondent is W.P.(C)NO.12107/2006 2 now committing waste in the property and the Sale Officer is not taking steps to put the petitioner in possession of the property.
3. As per Rule 84 of the Kerala Co-operative Societies Rules, 1969, the Sale Officer is competent to take steps to put the auction purchaser in possession of the property sold in public auction. When this Writ Petition came up for hearing, learned counsel appearing for the third respondent submits that the third respondent is willing to pay the entire loan amount with the expenses incurred by the petitioner. The third respondent also seeks instalment facility. The request of the third respondent is not seriously opposed by the petitioner. Hence, this Court is of the view that the third respondent can be given one more opportunity to pay the entire loan amount including the expenses incurred by the Society within a reasonable time.
4. Accordingly, the third respondent is directed to pay the entire loan amount including the expenses incurred by the petitioner in ten equal monthly instalments and also to pay an amount of Rs.25,000/- as initial payment within two weeks from today. The instalments will be paid on or before the 10th of every month commencing from November, 2006 and the W.P.(C)NO.12107/2006 3 amount to be paid shall be fixed by the petitioner - Society. It is made clear that if the petitioner commits default in payment of two consecutive instalments, the petitioner - Society can approach the second respondent to take steps for delivery of the property.
The Writ Petition is disposed of as above.
(K.THANKAPPAN, JUDGE) sp/ W.P.(C)NO.12107/2006 4