PUTHIYAVEETTIL VARGHESE Vs. STATE OF KERALA REP BY SECRETARY
LAWS(KER)-2017-6-220
HIGH COURT OF KERALA
Decided on June 19,2017

Puthiyaveettil Varghese Appellant
VERSUS
State Of Kerala Rep By Secretary Respondents

JUDGEMENT

Shaji P. Chaly, J. - (1.) This writ petition is filed by the petitioner seeking to quash Ext.P5 sale certificate registered as document No.1128 of 1995 of SRO, Peravoor executed by respondent No.3 in favour of respondent No.7. Material facts for the disposal of the writ petition are as follows:
(2.) Petitioner is a member of Thalassery Co-operative Land Mortgage Bank Ltd., later re-named as Thalassery Primary Co-operative Agricultural Development Bank Ltd. Petitioner availed a loan of Rs.6,300/- from the Thundiyil branch of the Bank for cultivating pepper-vine in his property having allegedly an extent of 4 acres and 82 cents in Survey No.1148/PT of Kappad amsom, desom. The loan was availed by mortgaging the aforesaid property in favour of the Bank. According to the petitioner, he remitted Rs.3,938-93 to the bank by 6 installments. In the 1 st week of April, 1994, petitioner happened to see a newspaper advertisement requiring to pay the loan amount. According to the petitioner, immediately, he rushed to the bank and remitted Rs.3,000/- and requested some time for remitting the balance amount. On 19.01.1995, an officer of the bank came to the petitioner's house and represented that the property is sold in auction. It is the contention of the petitioner that the property belonging to the petitioner is worth Rs.8,73,000/-, which was sold in auction for an amount of Rs.12,000/-, and the Special Sale Officer of the bank, viz., 3 rd respondent, executed sale certificate in favour of the auction purchaser, respondent No.7. That apart, it is contended that, a large extent of property is sold in auction for realizing an amount of Rs.7,384/-, and therefore, the auction sale of the property belonging to the petitioner is illegal and the bank authorities have played fraud in conducting the auction sale.
(3.) Thereupon, petitioner has filed O.S.No.45 of 2003 before the Subordinate Judge's Court, Thalassery, which was dismissed as per Ext.P6 judgment on 13.01.2006. According to the petitioner, the suit was dismissed for want of jurisdiction to entertain the same. It is accordingly that petitioner has filed this writ petition on 28.06.2007, i.e. almost 1 years after the dismissal of the suit.;


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