C C THOMAS Vs. STATE OF KERALA REP BY THE SECRETARY CO-OPERATIVE DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT

JUDGEMENT

(1.) WHETHER the correctness and sustainability of the ?Sale Certificate? issued pursuant to the sale conducted in execution of the ARC Award can be examined by the ?Court?, while considering the matter under Rule 84 of the Kerala Co-operative Societies Rules, is the point involved in this writ petition.

(2.) THE case has got a long history. THE basic dispute is between the ownership rights of the petitioner and the possessory rights of the 3rd respondent, who was the owner of the property once upon a time, who sold the same in favour of one Mr. Jose, who in turn executed sale deed in favour of the 6th respondent. THE sequence of events as described in the writ petition shows that the 5th respondent availed a loan from the 4th respondent Society, on the strength of the above collateral security offered by the 6th respondent. Since the due amount was not cleared as specified, the matter led to ARC, wherein an Award was passed in favour of the Society. Pursuant to the execution proceedings, the property was caused to be sold in a public auction and the petitioner turned to be the successful bidder, who satisfied the bid amount and got Ext.P8 Sale Certificate.

(3.) IN furtherance to the above proceedings, the 2nd respondent issued Ext.P10 notice to the 6th respondent to quit the premises, so as to deliver the property to the petitioner. But immediately thereafter the 2nd respondent issued Ext.P11 on 27.9.2006 expressing ?helplessness? in this regard by virtue of the hurdle placed by ?Rule 84? of the Kerala Co-operative Societies Rules. Being aggrieved of Ext.P11, the petitioner challenged the same by filing W.P.(C) No. 25917/2006, wherein Ext.P12 judgment was passed directing the 2nd respondent to effect ?delivery? of the property, observing that the obstruction caused was by the ?defaulter himself? and hence Rule 84 was not applicable. Pursuant to this, Ext.P13 request was made by the 2nd respondent to the concerned Sub INspector of Police for giving necessary police assistance to effect delivery.