2025:KER:25133 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 46751 OF 2024 PETITIONERS: 1 POULI GEORGE AGED 67 YEARS D/O EMMANUEL, MATHEKAL HOUSE, ARAKUZHA P.O., MUVATTUPUZHA,, PIN – 686 672. 2 DAISY BABY AGED 65 YEARS D/O EMMANUEL, ARUKALIL HOUSE, MAILAKOMBU P O, KERALA, PIN – 68 5584. BY ADVS. JOHN NUMPELI (JUNIOR) V.AJITH RESPONDENTS: 1 THE SPECIAL SALE OFFICER JUNIOR INSPECTOR OF CO-OP SOCIETIES, PALAKUZHA SCB GROUP, MUVATTUPUZHA, KERALA, PIN – 686 670. 2 THE VAZHAKULAM SERVICE CO OPERATIVE BANK (2824) VAZHAKULAM SCB LTD NO 2824, VAZHAKULAM P.O, MUVATTUPUZHA, ERNAKULAM, PIN – 686 670. BY ADVS. K T THOMAS NIKHIL BERNY(K/674/2014) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.46751 OF 2024 : 2 : 2025:KER:25133 JUDGMENT The petitioners state that they are the legal heirs of one Annakutty Kurien who died on 11.11.2018. After the death of Annakutty Kurien, her properties devolved upon the petitioners and other legal heirs. The petitioners’ brothers had availed loans from the 2nd respondent Society creating mortgage over the properties of Annakutty Kurien. On default in repayment, the Society initiated arbitration proceedings. Pursuant to the Awards, Exts.P1(a) to P1(c) sale notices were issued. The petitioners have filed Ext.P2 representation before the 1st respondent for withdrawing the sale notices. The petitioners challenge Exts.P1 (a) to P1 (c) in the writ petition and pray for a direction to the 1st respondent to consider Ext.P2 representation. WP(C) NO.46751 OF 2024 : 3 : 2025:KER:25133 2. The learned Counsel for the Society submits that the 2nd respondent will consider Ext.P2 representation submitted by the petitioners, in accordance with law. In the facts and circumstances of the case, this writ petition is disposed of with a direction to the 2nd respondent to consider Ext.P2 representation in accordance with law with notice to the petitioners, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till such time orders are passed and communicated to the petitioners, the interim order passed by this Court on 03.01.2025 will continue. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.46751 OF 2024 : 4 : 2025:KER:25133 APPENDIX OF WP(C) 46751/2024 PETITIONERS’ EXHIBITS EXHIBIT P-1(a) THE TRUE COPY OF THE SALE NOTICE DATED 13-11-2024 IN EA NO 869 OF 2023, 871 OF 2023 AND 872 OF 2023 PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P-1(b) THE TRUE COPY OF THE SALE NOTICE DATED 13- 11-2024 IN EA NO 870 OF 2023 PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P-1(c) THE TRUE COPY OF THE SALE NOTICE DATED 13-11-2024 IN EA NO 868 OF 2023 PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P-2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 27.12.2024. EXHIBIT P-3 THE TRUE COPY OF THE DEATH CERTIFICATE OF ANNAKUTTY KURIAN DATED 04.12.2018.