LAWS(KER)-2018-9-46

T.C.UNNIKRISHNAN Vs. THE DISTRICT REGISTRAR

Decided On September 10, 2018
T.C.Unnikrishnan Appellant
V/S
THE DISTRICT REGISTRAR Respondents

JUDGEMENT

(1.) The petitioner, who availed two loans from the 3rd respondent Co-operative Bank, in year 2012-'13 vide loan account Nos.NRH/T/292/12 and SCC/T/9/2013, by mortgaging his property, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 sale notice dated 09.01.2018, issued by the 4th respondent Sale Officer and seeking a writ of mandamus, commanding the respondents to afford him a reasonable opportunity to pay off the actual amount due, in monthly installments.

(2.) On 16.02.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice for respondents 1 and 2. Urgent notice on admission by speed post was ordered to respondents 3 and 4, returnable within three weeks. This Court has granted an interim stay pursuant to Ext.P1 sale notice, for a period of one month, on condition that the petitioner deposits a sum of Rs.60,000/- within two weeks.

(3.) Heard the learned Counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1 and 2. Despite service of notice, none appears for respondents 3 and 4.