IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 22260 of 2005(Y) -------------------------- PETITIONER: ------------ BANK OF INDIA, KOLLAM MAIN BRANCH, KOLLAM, REPRESENTED BY ITS ZONAL MANAGER. BY ADV. SRI.M.P.RAMACHANDRAN NAIR SRI.DEVAN RAMACHANDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU. 3. M/S.SHAH CASHEW COMPANY, PALLIKKAL P.O., KILIMANOOR, TRIVANDRUM DISTRICT, REPRESENTED BY MR.SAHIR SHAH(PARTNER). BY GOVERNMENT PLEADER, SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22260/2005/Y APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE LETTER OF THE 2ND RESPONDENT NO.G1-13805/02-G1- 13809/02 DATED 13-7-2005. EXT. P2: COPY OF THE NOTICE UNDER SECTION 13(2) OF THE ACT 54 OF 2002 ISSUED BY THE SECURITISATION ACT. /TRUE COPY/ P.A. TO JUDGE JP C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C).No.22260 of 2005 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Since the issue is covered against the petitioner by the decision of this Court in Sherry Jacob vs. Canara Bank (2004 (3) KLT 1089, this writ petition is dismissed. However, there will be a direction to the respondents to deposit the balance amount recovered after appropriation of arrears due to the State, to the petitioner bank. C.N.RAMACHANDRAN NAIR, JUDGE csl