IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE V.CHITAMBARESH &

THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 3RD DAY OF JULY 2018 / 12TH ASHADHA, 1940 W.A.No. 1170 of 2016 IN WPC.No.2640 of 2013 AGAINST THE JUDGMENT IN WP(C).NO. 2640/2013 OF HIGH COURT OF KERALA DATED 22-03-2016 APPELLANT/PETITIONER:

RADHAKRISHNA KURUP, S/O KRISHNA KURUP, AGED 59 YEARS, VYGA, VELAMANNOOR, PARIPILLY P.O, KOLLAM - 691 574.

BY ADVS.SRI.T.B.HOOD SMT.M.ISHA SRI.AMAL KASHA RESPONDENTS/RESPONDENTS:

1. NADAKKAL SERVICE CO-OPERATIVE BANK LTD. NO.1874, KALLUVATHUKKAL, KOLLAM - 691 001, REPRESENTED BY ITS SECRETARY.

2. SALE OFFICER, NADAKKAL SERVICE CO-OPERATIVE BANK LTD. NO.1874, CO-OPERATIVE SOCIETY ASSISTANT REGISTRAR (GENERAL), KOLLAM - 691 001.

3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, KOLLAM - 691 001.

4. DEPUTY SECRETARY, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

R1 BY ADV. SRI.P.C.SASIDHARAN R2 TO R4 BY SENIOR GOVERNMENT PLEADER SMT.K.R. DEEPA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ALONG WITH W.A.NOS.1171 & 1212 OF 2016 ON 27.06.2018, THE COURT ON 03.07.2018 DELIVERED THE FOLLOWING:

“CR”

V. CHITAMBARESH & SATHISH NINAN, JJ.

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W.A.Nos.1170, 1171 & 1212 of 2016 = = = = = = = = = = = = = = = = = = = = = = = =

Dated this the 3rd day of July, 2018 Judgment Chitambaresh, J.

1.These writ appeals arise out of the common judgment in the case titled Radhakrishna Kurup v. Nadakkal Service Co-

operative Bank Ltd. [2016(4) KLT 82].

2.About 10.12 ares of land in Sy. Nos.278/21 and 278/21-2 of Paripally Village in Kollam Taluk belonging to the appellants (who are husband and wife) were brought to sale by the first respondent co-operative bank. The property was sold on 14.01.2009 for a total sum of `44,78,130/- in execution of the awards obtained by the bank for realisation of amounts due in two loan accounts. The appellants had filed several writ petitions before and after sale viz, O.P.No.34650/2005, W.P(C).Nos.1219/2007, 1387/2009, 4902/2009 and 26638/2010. The appellants did not comply with the conditional orders passed therein and the writ petitions were either dismissed for default or withdrawn which have become final. The property delivered over is now in the possession of the bank which has applied for a permit to construct a building therein with an intention to house its administrative office.

3.The Government later issued an order dated 27.09.2011 requesting the managing committee of the bank to take a decision resolving to return the property to the appellants on the repayment of the loan. The managing committee by decision dated 11.10.2011 resolved not to accede to the request and accordingly informed its inability to the Government on the same day. The bank took such a decision mainly because of the sentiment of its members who were against parting with the property and also due to a case pending in the Kerala Lok Ayukta. The Government by order dated 22.05.2014 reminded the bank of its earlier direction to return the property on the appellants repaying the loan with interest and expenses. A reference was made to Section 56A of the Kerala Co-operative Societies Act, 1969 ['the Act' for short] by the Government therein which related to disposal of non-banking assets. The statutory provision obliges the bank to sell the immovable property within seven years from the acquisition with prior sanction of the General Body and the Registrar. This was followed by a communication of the Registrar dated 20.06.2014 to abide by the orders of the Government since the Kerala Lok Ayukta had disposed of the pending case.

4.W.P(C).No.2640/2013 (from which W.A.No.1170/2016 arises) was filed by the husband and W.P(C).No.31238/2014 (from which W.A. No.1171/2016 arises) was filed by the wife challenging the sale. The husband sought to set aside the proceedings including the sale certificate and a direction to the bank to re-convey the property in terms of the orders of the Government.