IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 23755 of 2008(C) --------------------------------------- PETITIONER: ------------------- THANKAMANI AMMA, AGED 70, W/O LATE S. KUNJU PILLAI, KALLITTATHIL, ERUMAKUZHY, NOORNAD.P.O., ALAPPUZHA (DIST.) BY ADV. SRI. MOHAMMED SHAH. RESPONDENTS: ----------------------- 1. STATE BANK OF TRAVANCORE, NOORNAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORIZED OFFICER (CHIEF MANAGER), STATE BANK OF TRAVANCORE, NOORANAD. 3. K. SURESH KUMAR, MANAGING PARTNER, M/S ABHIRAMI JEWEL PARADISE, MAIN ROAD, NOORANAD. 4. THE REGISTRAR, DEBT RECOVERY TRIBUNAL, HOUSING BOARD BUILDING, PANAMBILLY NAGAR, ERNAKULAM. 5. THAMBI NARAYANAN, SWOTHI, BHARANIKAVU, PALLICKAL.P.O., ALAPPUZHA. R1 & R2 BY ADV. SRI.SATHISH NINAN, R1 & R2 BY ADV. SRI.SANTHOSH MATHEW, R5 BY ADV. SRI.K.SASIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23755/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PARTITION DEED DTD. 10/05/1991. EXT.P.2: COPY OF THE SALE NOTICE ISSUED BY THE R.1. EXT.P.3: COPY OF THE NEWS PAPER ADVERTISEMENT DTD. 05/06/2008. EXT.P.4: COPY OF THE AGREEMENT DTD. 21/09/2007. RESPONDENTS' EXHIBITS & ANNEXURES: EXT.R5.A: COPY OF THE LETTER DTD. 01/07/2008 ISSUED BY THE R.1. TO THE R.5. EXT.R5.B: COPY OF THE SALE CERTIFICATE DTD. 05/08/2008 ISSUED BY THE R.2. TO THE R.5. EXT.R5.E: COPY OF THE CHALLAN RECEIPT DTD. 05/08/2008 ISSUED BY TRIVANDRUM TREASURY FOR REMITTANCE OF RS.15,10,000/- B THE R.5. EXT.R5.D: COPY OF THE SALE DEED NO. 40/08 DTD. 04/01/2008. EXT.R5.E: COPY OF THE ORDER DTD. 16/07/2008 IN R.P. NO. 754/2008 OF THIS HON'BLE COURT. ANNEXURE 1: COPY OF THE APPLICATION FILED FOR EXTENSION OF TIME. ANNEXURE 2: COPY OF THE MEMORANDUM OF WRIT APPEAL NO. 1403/2008. ANNEXURE 3: COPY OF THE R.P.754/2008. ANNEXURE 4: COPY OF THE ORDER DTD. 16/07/2008. ANNEXURE 5: COPY OF THE ACKNOWLEDGMENT CARD. ANNEXURE 6: COPY OF THE GAZETTE DTD. 05/05/2008. ANNEXURE 7: COPY OF THE CERTIFICATE DTD. 02/08/2008. ANNEXURE-8: COPY OF THE SALE NOTICE PUBLISHED IN HINDU DAILY DTD. 18/05/2008. ANNEXURE-8.A: COPY OF THE SALE NOTICE PUBLISHED IN MATHRUBHOOMI DAILY DTD. 18/05/2008. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23755 Of 2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. JUDGMENT The petitioner is the mother of the third respondent who was having a jewellery. He repeatedly moved this Court on different rounds and obtained different orders. The last two or three of them were through the very same counsel who appears for the petitioner in this case. Thereafter, this writ petition is filed without disclosing the decisions that were rendered by the Division Bench, including in a review petition. The first respondent has filed all those materials, including Annexure-4 in which the Division Bench had, in a matter in which the very same learned counsel appeared, issued directions that the sale certificate shall be issued immediately, if amounts are not paid before 30-7-2008. That fact was suppressed in WP(C)23755/2008 -: 2 :- filing this writ petition on 6-8-2008. The facts suppressed in this writ petition were exceptionally relevant and surreptitious suppression of relevant facts is a ground which shows that on the facts of the case in hand, the hands of the petitioner and the third respondent are so tainted that they attempted to defraud and it is still unfortunate that they could do that through the counsel who is appearing in this Court. I do not want to say anything further. The writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120808