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2017 Supreme(Ker) 607

SHAJI P.CHALY
P. X. Antony – Appellant
Versus
State of Kerala, Department of Co-Operation – Respondent


Advocates Appeared:
For the Petitioner:P.B. Ajoy, Advocate.
For the Respondents:Mable C. Kurian, Government Pleader, P.N. Mohanan, Advocate.

JUDGMENT :

1. The subject writ petitions are materially connected with respect to the illegality alleged by the petitioners in conducting the sale proceedings in order to recover the amount due to the Edamalayar Service Co-operative Bank Ltd. No.1178. Admittedly, petitioners are either loanees or guarantors, and repayment of amounts were defaulted violating the terms and conditions of the agreement entered into by and between the parties. Consequent to which, bank proceeded after issuing demand notices, which finally culminated in sale notices. In W.P.(C) No.16508/2017, the sale notices are Exts.P1 to P6. In W.P.(C) No.16521/2017, the sale notices are Exts.P1 and P2. In both the writ petitions, petitioners are not disputing the amounts shown in the sale notices concerned. The legal contention raised in both the writ petitions is that, the stipulations contained under rule 81 (e) of the Co-operative Societies Rules, 1969 (hereinafter called “the Rules”) is not complied with. Rule 81 of the Rules deals with procedure in attachment and sale of immovable properties. Clause (e) of Rule 81 read thus:

“81(e) :-Proclamation of sale shall be published by affixing a notice in the offices of th












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