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2025 Supreme(Online)(Ker) 53503

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
THRISSUR DISTRICT CO-OPERATIVE BANK LTD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: P.C. Sasidharan
For the Respondents: Sunil Kumar Kuriakose, Praveen K. Joy, T.A. Joy, D.G. Vipin, Daniel A.J., Manisha V.V, Nandagopan S. Nair, J. Amaldev, V.V. Sidharthan (SR.)

JUDGMENT

P.V.BALAKRISHNAN,J This intra-court appeal is filed by the petitioner in W.P.

(C)No.24820/2008, challenging the judgment dated 11.09.2015, dismissing the writ petition.

2. The writ petition was filed by the appellant seeking the following reliefs:

“i) call for the entire records leading to the issuance of Exhibits P11 and P13 and quash the same by way of issuing a writ of certiorari, writ or order;

ii) declare that as the petitioner bank having first charge over the property mortgaged to it and the sale conducted and its confirmation by the revenue authorities and the upholding of the same by the Government as illegal and unsustainable.”

3. The appellant is a Central Society registered under the provisions of the Co-operative Societies Act. It granted cash credit of Rs.10 lakhs each to respondents 5 to 8 on 02.03.1995 on the basis of security of a property having an extent of Rs.3.36 acres of land in Survey No.251/2 of Perinjanam village, owned by the 9th respondent. On default committed by the borrowers, the appellant filed ARC Nos.182/97, 183/97, 184/97 and 185/97 and obtained an award in its favour. In the meanwhile, respondents 5 to 8, who are engaged in abkari business, co

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