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2026 Supreme(Online)(Ker) 25847

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.Manoj, J
Reji Emmanuval – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 14641 OF 2018|WP(C) NO. 6958 OF 2023|WP(C) NO. 11016 OF 2022|WP(C) NO. 39311 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.P.B.AJOY, SHRI.M.SASINDRAN
For the Respondents: SMT.MABLE C KURIAN,GOVERNMENT PLEADER

Writ petitions disposed granting liberty to pursue statutory appeals against sale notices while reserving constitutional challenge to specific provisions.

Headnote:The petitioners challenge sale notices issued under Sections 19 and 20 of the Kerala State Co-Operative Agricultural and Rural Development Bank Act, 1984, and Rule 8C of the 1986 Rules, questioning their constitutional validity. Essential facts involve auction proceedings by the cooperative bank for debt recovery. The court notes a prior judgment has addressed related issues except the statutory challenge. The main issue is the validity of the specified sections and rule. The court observes that prior ruling in W.P.

(C) No. 22821 of 2023 covers most matters, permitting statutory appeals under Section 69. Liberty reserved for constitutional challenge. Writ petitions disposed granting liberty to file appeals; for WP

(C) No.39311/2022, direction issued to provide bidder's address, remaining issues left open.

Table of Content
1. challenge to sale notices and constitutional validity of act sections 19, 20 and rule 8c. (Para 1)
2. prior judgment covers issues; liberty to file statutory appeals granted. (Para 2 , 3)

J U D G M E N T

Dated this the 31st day of March, 2026 WP(C) Nos.14641 of 2018, 11016 of 2022 & 6958 of 2023 These writ petitions are filed being aggrieved by the issuance of sale notices. The petitions challenge the constitutional validity of Sections 19 and 20 of the Kerala State Co-Operative Agricultural and Rural Development Bank Act, 1984 (for short, Act 20 of 1984), as well as Rule 8C of the Kerala Co-operative Societies Agricultural and Rural Development Bank Rules, 1986 .

2. However, it is submitted by the learned counsel for the petitioners that, by judgment dated 01.03.2024 in W.P.(C) No. 22821 of 2023, the entire issue involved in these cases, except the challenge raised against the statutory provisions, has already been decided by this Court. In the light of the said judgment, the petitioners intend to prefer appeals in all these cases as provided under Section 69 of Act 20 of 1984.

3. In such circumstances, granting such liberty, these writ petitions are disposed of, leaving open all the contentions raised with respect to the challenge against Sections 19 and 20 of the Act as well as Rule 8C of the Rules mentioned above.

WP(C) No.39311 of 2022

4. It is submitted that, by order dated 12.12.2022, the property involved in this case has already been sold in auction. One Jayakrishan P.V., P.O. Chirackal, is the successful bidder in the said auction. The petitioner now seeks the address of the said person for the purpose of filing an appeal.

Under such circumstances, there will be a direction to the respondents to provide the address of the bidder to the petitioner. However, the remaining issues with respect to the challenge against the provisions are left open, and the petitioner shall be at liberty to file a statutory appeal as directed in the connected writ petitions. The writ petition is disposed of accordingly.

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