ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) The subject writ petitions are materially connected with respect to the illegality alleged by the petitioners in conducting the sale proceedings in order to recover the amount due to the Edamalayar Service Co-operative Bank Ltd. No.1178. Admittedly, petitioners are either loanees or guarantors, and repayment of amounts were defaulted violating the terms and conditions of the agreement entered into by and between the parties. Consequent to which, bank proceeded after issuing demand notices, which finally culminated in sale notices. In W.P.(C) No.16508 of 2017, the sale notices are Exts.P1 to P6. In W.P.(C) No.16521 of 2017, the sale notices are Exts.P1 and P2. In both the writ petitions, petitioners are not disputing the amounts shown in the sale notices concerned. The legal contention raised in both the writ petitions is that, the stipulations contained under rule 81 (e) of the Co-operative Societies Rules, 1969 (hereinafter called "the Rules") is not complied with. Rule 81 of the Rules deals with procedure in attachment and sale of immovable properties. Clause (e) of Rule 81 read thus:

(2.) Relying on the said provision, learned counsel for petitioners contended that as per the stipulation, 30 days notice is to be provided for conducting the sale. However, as per Ext.P1 notice dated 8.5.2017, 30 days is not provided and the sale is posted on 22.5.2017. It is also contended other mandatory requirements contained under clause (e) of rule 81, and rule 85 of the Rules 1969 are also violated. The question to be resolved is whether any such statutory requirements are violated.

(3.) A counter affidavit is filed by the respondent society refuting the allegations, claims and demands raised by the petitioners. According to the respondents, substantial amounts are due from the petitioners and petitioners were able to flout the proceedings initiated by the society to recover the amount till this extent of time.