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RAJU versus THE ASSISTANT REGISTRAR OF CO

High Court of Kerala

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RAJU v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE - WP(C) No. 23956 of 2006(B) [2006] RD-KL 772 (15 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23956 of 2006(B)

1. RAJU, AGED 40 YEARS,
... Petitioner

Vs

1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
... Respondent

2. THUMBUR SERVICE CO-OPERATIVE BANK

For Petitioner :SRI.RENJITH THAMPAN

For Respondent : No Appearance

The Hon'ble MR. Justice K.THANKAPPAN

Dated :15/09/2006

O R D E R

K. THANKAPPAN, JUDGE

W.P.(C). NO. 23956 OF 2006

Dated this the 15th day of August 2006



JUDGEMENT

The grievance of the petitioner is that the petitioner's father had taken a loan from the second respondent and certain amount of the loan had already repaid and during the pendency of the loan, father of the petitioner died. Now,the petitioner submits that father of the petitioner has got two more legal heirs namely his mother and his sister Leela. According to the petitioner, the entire share of his father due to his sister has been given in cash. Hence as evidenced in Ext.P2 now, the entire property of his father is devolved on the petitioner and his mother. Now, the petitioner has already remitted the entire balance amount of loan and claimed back the documents relating to the property of his father. Somehow or other the second respondent is not willing to return the document. Hence the petitioner filed Ext.P5 petition before the first respondent and Ext.P5 is not considered hitherto by the 1st Respondent. In the circumstances, the writ petition itself can be disposed of by directing the first respondent to consider Ext.P5 and to have a decision in the matter within a reasonable time at any rate within 60 days from the receipt of a copy of this judgment. While considering Ext.P5, the first respondent shall issue proper notice to the second respondent and also shall given an opportunity to the petitioner being heard. With the above direction , this writ petition is disposed of.

K. THANKAPPAN, JUDGE.

RV/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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