Kerala High Court
WP(C)/44238/2023 of JALEEL Vs THE ASSISTANT REGISTRAR CO-OPERATIVESOCIETIES on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 WP(C) NO. 44238 OF 2023 PETITIONER: JALEEL AGED 48 YEARS S/O KUNJUMOIDEEN,VALIYAVEETTL HOUSE, P.O.ERIYAD, KODUNGALLUR, THRISSUR DISTRICT, PIN - 680666 BY ADVS.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945WP(C) NO. 44238 OF 2023
PETITIONER:
JALEEL AGED 48 YEARSTHRISSUR DISTRICT, PIN - 680666BY ADVS.K.S.RAJESHM.SHAJU PURUSHOTHAMAN
S/O KUNJUMOIDEEN,VALIYAVEETTL HOUSE,
P.O.ERIYAD, KODUNGALLUR,
RESPONDENTS:
1THE ASSISTANT REGISTRAR CO-OPERATIVESOCIETIESOFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVESOCIETIES, P.O.KODUNGALLUR, THRISSUR DISTRICT., PIN - 6806642THE JOINT REGISTRAR OF CO-OPERATIVESOCIETIESCIVIL STATION, AYYANTHOLE,THRISSUR, PIN - 6800033KODUNGALLUR THALUK PRIMIARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO:R 1353,P.O.KODUNGALLUR,PIN-680669 REPRESENTED BY IT'S SECRETARY, PIN - 680307T.R. HARIKUMAR R3
OTHER PRESENT:
SMT.SAROJINI K.G.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 29[th]day of December, 2023
The limited prayer of the petitioner in this writ petition is consideration of Ext.P3 representationby the 1[st] xzrespondent, wherein the petitionerpoints out the infirmity and illegality in creatinga Gahan in respect of the secured asset. Learnedcounsel for the 3[rd]respondent submitted thatalthough installment facilities have been affordedto the petitioner, as per judgment in WP(C)No.7482/2023, the petitioner committed default.
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2. The fact that the petitioner had committeddefault in the matter of payment of the installmentsneed not stand in the way of consideration of Ext.P3request/representation. Accordingly, Ext.P3 isdirected to be considered by the 1[st] respondent,within a period of one month from the date ofreceipt of a copy of this judgment.
WP(C). No.44238 of 2023
..3..
This writ petition stands disposed of as above.
Sd/-
mtk//23.12.2023
C. JAYACHANDRANJUDGE
APPENDIX OF WP(C) 44238/2023
PETITIONER EXHIBITS
Exhibit P1
A TRUE COPY OF THE DEMAND NOTICE DATED 25.11.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P2
A TRUE COPY THE REGISTERED GAHAN DATED 26.4.2017
Exhibit P3
A TRUE COPY THE REPRESENTATION DATED 22.12.2023 FILED BY THE PETITIONER BEFORETHE 1STRESPONDENT
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